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TRANSCRIPT
Licensing Act 2003
Draft Policy Statement 2020
Newport City Council
Further information can be obtained from:
Newport City Council,
Licensing,
PO BOX 883,
Civic Centre,
Godfrey Road,
Newport.
NP20 4UR
Tel: 01633 656656
Email: [email protected]
Website: www.newport.gov.uk/licensing
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Contents Page 1. Introduction ...................................................................................... 4
2. Profile of the County ........................................................................ 6
3. Licensing Committee ....................................................................... 7
4. Fundamental Principles .................................................................. 8
5. Zoning and licensing hours ............................................................ 9
Drinking up time/cooling down time ................................................. 10
6. Commercial demand...................................................................... 11
7. Alcohol Harm ................................................................................. 11
8. Drugs .............................................................................................. 13
9. Licensing Objectives ..................................................................... 14
10. Prevention of crime and disorder ................................................. 15
11. Prevention of public nuisance ...................................................... 17
The Well-being of Future Generations (Wales) Act 2015,
Noise & Soundscape Management ................................................. 19
12. Public Safety .................................................................................. 19
13. Protection of children from harm ................................................. 22
14. Rights of representation ............................................................... 24
15. Responsible authorities ................................................................ 25
16. Other persons ................................................................................ 26
17. Integrating strategies .................................................................... 26
Crime and Disorder Act 1998 ........................................................... 27
The Anti-Social Behaviour, Crime and Policing Act 2014 ................ 27
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Immigration Act 2016 ....................................................................... 27
Human Rights Act 1998 ................................................................... 28
Equality Act 2010 ............................................................................. 28
Well-being of Future Generations (Wales) Act 2015 ........................ 28
Relationship with Planning Process ................................................. 29
18. Personal alcohol licence ............................................................... 30
19. Premises Licence .......................................................................... 32
20. Club premises certificate .............................................................. 33
21. Temporary Event Notices .............................................................. 33
22. Sale and supply of alcohol ............................................................ 35
23. Regulated entertainment ............................................................... 36
Public Audience ............................................................................... 36
Overview of circumstances in which entertainment activities are
not licensable ................................................................................... 37
Deregulatory changes where a licence is not required .................... 38
Circumstances in which entertainment activities are no longer
licensable
Local authorities, hospital healthcare providers and school
proprietors: cross entertainment activity exemption ......................... 39
Local authority, hospital and school premises: third party
music entertainment......................................................................... 41
Community premises: music entertainment ..................................... 41
Community premises: exhibition of film............................................ 41
Travelling Circuses .......................................................................... 42
Live Music ........................................................................................ 43
Key terms used in relation to live music ........................................... 43
Recorded Music ............................................................................... 44
Plays and Dance .............................................................................. 45
Indoor Sport ..................................................................................... 45
Licence conditions
Live Music or Recorded Music ......................................................... 45
Beer Gardens .................................................................................. 46
Plays, dance and indoor sport ......................................................... 47
Boxing or wrestling entertainment and conditions relating to
combined fighting sports .................................................................. 47
Conditions relating to other non-licensable activities ....................... 48
Incidental music ............................................................................... 49
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Removing licence conditions ........................................................... 50
Busking ............................................................................................ 50
Incidental Film .................................................................................. 50
Entertainment activity provided as part of childcare ......................... 51
Child performers .............................................................................. 52
24. Administration ............................................................................... 52
25. Application procedures ................................................................. 52
The responsible Authorities ............................................................. 53
26. Operating schedule ....................................................................... 56
27. Conditions ...................................................................................... 58
28. Applications where representations are received ...................... 58
29. Exercise and delegation of functions .......................................... 63
30. Reviews of licences ....................................................................... 65
31. Cumulative Impact Assessment ................................................... 66
32. Early morning restriction orders .................................................. 67
33. Hearings ......................................................................................... 68
34. Appeals ........................................................................................... 68
35. Implementing the determination of the Magistrates Court ........ 69
36. Enforcement ................................................................................... 70
37. Fees Generally ............................................................................... 70
38. Annual Fees for Premises Licences and Club Premises
Certificates ..................................................................................... 71
39. Licence suspension for non-payment of annual fees ................ 71
40. Late night levies ............................................................................. 72
41. Further information........................................................................ 72
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43. 1. Introduction
1.1 The Licensing Act 2003 requires the Council, in fulfilling its role as the Licensing
Authority, to publish a “Licensing Policy” that sets out the policies the council will
generally apply to promote the licensing objectives when making decisions on
applications made under the Act. This is that statement of policy prepared in
accordance with the provisions of the 2003 Act and the latest version of Home Office
Guidance issued under section 182 of the Act.
1.2 Newport City Council (“the Council”) is the Licensing Authority under the Licensing Act
2003 and is responsible for granting premises licences, club premises certificates, and
personal licences in respect of the sale and/or supply of alcohol and the provision of
regulated entertainment and late night refreshment. Throughout the document, the
Council will be referred to as the Licensing Authority, where appropriate to prevent
confusion between this role and the other functions carried out by the Council.
1.3 This policy sets out how applications for licences, which are required by the Licensing
Act 2003, will be considered by the Licensing Authority.
1.4 In developing this licensing policy, the advice of bodies such as Local Government (LG),
the Welsh Local Government Association (WLGA) and various trade associations have
been taken into account wherever possible. Where appropriate, the Policies of other
Gwent authorities have also been taken into account, in order to achieve uniformity
wherever possible and to help ensure the integration of the various policies over a wider
geographical area. Other Corporate policies adopted by the Council have also been
taken into account, and these will be referred to throughout this document as
appropriate.
1.5 The Equalities Act 2010 introduced measures to tackle discrimination encountered by
disabled people in certain areas including employment, and access to goods, facilities
and services. The applicant shall have regard to this legislation. However, the Licensing
Authority will not use licensing to pursue such issues, other than where supported by
legislation and accepted good practice.
1.6 Newport City Council has a legal obligation to comply with all legislation that promotes
equality it has a policy in place to promote equality to all. The Planning and Public
Protection Service Area has its own equalities framework which is available for
inspection on our website. Licensing of persons and premises under the Licensing Act
2003 will actively promote equality of service and enforcement to all members of the
community.
1.7 The Human Rights Act 1998 incorporates the European Convention on Human Rights
and makes it unlawful for a local authority to act in a way that is incompatible with such
a right. The Licensing Authority will have regard to the Human Rights Act when
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considering any licensing issues, and particularly in respect of the way in which
applications are considered and enforcement activities are carried out.
1.8 Each application will be considered on its individual merits, and in the light of this Policy
1.9 The Licensing Authority acknowledges that it may need to depart from this Policy and
from the guidance issued under the Act in individual and exceptional circumstances,
and where the case merits such a decision in the interests of the promotion of the
licensing objectives. Any such decision will be taken in consultation with the appropriate
legal advisors for the Licensing Authority, and the reasons for any such departure will
be fully recorded.
1.10 The licensing policy will not seek to regulate matters which are provided for in any other
legislation and will seek to complement such regimes e.g. planning, health and safety,
employment rights, fire safety, etc.
1.11 The Licensing Authority wishes to encourage licensees to provide a wide range of
entertainment activities in Newport throughout their opening hours and to promote live
music, dance, theatre, etc. for the wider cultural benefit of the community.
1.12 This Licensing Authority will update and publish a new Licensing Policy whenever
necessary but in any case within five years of the date of this Policy, and will fully consult
with partners, trade associations and residents groups as appropriate at that time, any
representations received will be considered at that time. However where updates are
required due to changes in national legislation, statutory guidance or contact details the
council reserves the right to amend this policy without consultation where it is necessary
to ensure the policy reflects national legislation or statutory guidance.
1.13 This policy revision will take into account the following matters in its re-drafting.
The amendments to the Licensing Act 2003 made by:
The Police Reform and Social Responsibility Act 2011
The Live Music Act 2012
The Deregulation Act 2015
Statutory instruments laid
Revised Guidance issued under S182 of the Licensing Act 2003
Immigration
2. 2. Profile of the County
Newport is a multi-cultural city with its own unique atmosphere, where traditional
industries sit alongside new electronics and financial service sectors. Standing at the
gateway between England and Wales, Newport covers a geographical area of just over
73.5 square miles, with a population of 145,700 persons and is a vibrant, forward-
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thinking city steeped in a rich industrial heritage, dating from the nineteenth century
when its important strategic location was first recognised. After losing some of its core
industries, the city is successfully proving that it can re-establish and adapt itself as a
centre of modern industry and commerce.
The face of Newport is changing dramatically with a number of exciting new
developments underway. Completed projects and investments have already delivered
huge transformation for the city including a world class university campus, state of the
art business premises, a new railway station, revamped market, new bus station, iconic
architecture and a new waterfront district providing riverside homes and leisure
opportunities. These schemes, as well as new investments and recent announcements
mean investments totaling £250 million are giving a fresh momentum to the city's
regeneration. Construction of Friars Walk, Newport's new retail and leisure scheme is
underway and will be completed in later half of 2015. This coupled with the city ability
to successful hold international events like the NATO conference and Ryder Cup
highlights that the city is open to business.
There are approximately 500 premises licensed to sell alcohol either on or off the
premises, and a further 100 premises providing late night refreshments and/or
takeaways which are licensed under the Licensing Act 2003. The City Centre is very
compact in nature and has very high density of licensed premises in and around High
Street, Market Street and Cambrian Road, many of which operate well into the early
hours of the morning.
The Council recognises a vibrate, Safe, Clean and well managed night economy can
go a long way to boosting the local economy through attracting visitors and stimulating
a hive of culture and creative activity in the local community. Evidence suggests that
city’s and town centres with lively streets and people moving around in them make
people feel safe. However, this relies on a controlled and managed approach to
evening and night economy. Uncontrolled growth focused on a heavy drinking culture
can lead to negative consequences related to crime, disorder and Anti-social behaviour.
3. 3. Licensing Committee
3.1 The Council will appoint a Licensing Committee in accordance with its constitution.
3.2 A Licensing Committee shall establish Sub-Committees (panels) consisting of three
Members of the Committee, to consider applications where representations have been
received from any person and/or Responsible Authorities.
3.3 The Licensing Committee will also sit to determine applications not associated with the
Licensing Act 2003, such as taxi and private hire vehicle licensing.
3.4 In the interests of good governance, where a Councillor who is a Member of a Licensing
Committee or a Licensing Sub-Committee has had a direct or indirect pecuniary or
personal interest in any matter before them they will be disqualified from any
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involvement in the decision-making process affecting the premises licence. A
Councillor will not sit on a Sub-Committee to consider an application within their ‘Ward’.
3.5 The Licensing Sub-Committee will refer to the Licensing Committee any matter it is
unable to deal with because less than three members are able to consider the matter
before the Sub-Committee.
3.6 The Licensing Committee shall refer to the ‘Licensing Authority’ [the Council], any
matter it is unable to deal with because less than the quorum of three Members are
able to consider the matter before the Committee.
3.7 Every determination of a licensing decision by the Licensing Committee or a Licensing
Sub-Committee shall be accompanied with reasons for the decision. A summary of the
decision is notified to the parties to the hearing, a target time of three days, to be
displayed on the Council’s website, or as soon as possible thereafter, where it will form
part of the statutory licensing register.
3.8 The Council’s Licensing Officers will deal with all licence applications where either no
relevant representation has been received, or where representations have been
received and it is agreed by the parties that a hearing is not necessary.
3.9 A periodic report will be made to Licensing Committee on the exercise of delegated
powers.
3.10 The Council will ensure that members and relevant officers are appropriately trained to
carry out their duties under the Act.
3.11 Matters in respect of the Licensing Act 2003 are to be dealt with as specified in the
council’s scheme of delegation under its constitution.
4. 4. Fundamental principles
4.1 Licensing is about the control of licensed premises, qualifying clubs and temporary
events within the terms of the 2003 Act, and conditions may be attached to licences,
certificates and permissions that will cover matters which are within the control of
individual licensees.
4.2 When considering these conditions, the Licensing Authority will primarily focus on the
direct impact of the activities taking place at licensed premises on members of the public
living, working or engaged in normal activity in the area concerned.
4.3 In this respect, the Licensing Authority recognises that, apart from the licensing function,
there are a number of other mechanisms available for addressing issues that can occur
away from the licensed premises, including:
Planning controls;
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On-going measures to create a safe and clean environment in these areas in
partnership with local businesses, transport operators and other Council
departments;
Designation of parts of the County of Newport as places where alcohol may not
be consumed publicly;
Regular liaison with police on law enforcement issues regarding disorder and
antisocial behaviour, including the issue of fixed penalty notices, prosecution of
those selling alcohol to people who are drunk, confiscation of alcohol from adults
and children in designated areas and instantly closing down licensed premises
or temporary events on the grounds of disorder, or likelihood of disorder or
excessive noise from the premises;
The power of the police, other responsible authority or interested party to seek
a review of the licence or certificate.
5. 5. Zoning and licensing hours
5.1
Paragraph 10.13 of the Government’s current Section 182 Guidance states that:
“The 2003 Act gives the licensing authority power to make decisions about the hours
during which premises can conduct licensable activities as part of the implementation
of its licensing policy statement. Licensing authorities are best placed to make
decisions about appropriate opening hours in their areas based on their local knowledge
and in consultation with responsible authorities. However, licensing authorities must
always consider each application and must not impose predetermined licensed opening
hours, without giving individual consideration to the merits of each application”
5.2 Paragraph 13.41 of the Government’s current Section 182 Guidance goes on to state
that:
“As part of its licensing policy, the licensing authority may also wish to consider the use
of alternative measures such as fixed closed times and zoning within its area, providing
such mechanisms are justified on the basis of the licensing objectives and are only
presumptive, with final decisions continuing to be made in relation to the individual
premises on a case by case basis in accordance with what is appropriate to promote
the licensing objectives. The licensing authority would be expected to include its
intention to use such measures in its statement of licensing policy and justify doing so
in order to orchestrate closing times so as to manage problems in the night-time
economy based on the promotion of the licensing objectives. As with the creation of a
cumulative impact policies, the use of such mechanisms would create a rebuttable
presumption and would apply in the event of representation being received”
5.3 When dealing with licensing hours, the Licensing Authority recognises the requirement
that each application will be dealt with on its individual merits. Nonetheless, whilst the
Licensing Authority does not wish to unduly inhibit the continuing development of a
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thriving and safe evening and night-time local economies which are important for
investment and employment locally. The Authority considers that it is vital to create an
appropriate balance between the economic needs of licensed premises and the rights
of local residents & Businesses to be able to enjoy a reasonable degree of peace and
quiet at noise-sensitive times and other persons not experience early fall out of the
night-time economy. To this end, the Licensing Authority has prepared and will continue
to review areas that identifying stress points in these areas the Licensing Authority may
create Stress area(s), details of which can be found in Section 31 of this policy.
5.4 The Licensing Authority notes that the Government’s Section 182 Guidance states that
“Shops, stores and supermarkets should normally be free to provide sales of alcohol
for consumption off the premises at any times when the retail outlet is open for shopping
unless there are good reasons, based on the licensing objectives, for restricting those
hours”. However, because of the problems experienced in some local communities in
Newport arising from the availability of alcohol for sale at local shops for consumption
off the premises this Licensing Authority has decided that it will not adopt this general
position but instead will expect applicants and licence-holders to trade alcohol at hours
which are appropriate to their particular local environment. Therefore applicants should
very carefully consider the hours they seek when devising their operating schedule and
it is recommended to discuss such application with the appropriate Responsible
Authorities.
5.5 In the event that applications are submitted which have not demonstrated that
appropriate alcohol trading hours have been properly considered, it is likely that
representations will be made by the relevant responsible authorities and the public. This
will delay the determination of the application and result in it being referred to a
Licensing Sub-Committee for determination.
5.6 Once an application, or an existing licence in the case of a review, is referred to a Sub-
Committee it can be expected that the Sub-Committee will scrutinise the application or
licence very carefully and arrive at a decision regarding hours. Appropriate hours will
be considered to promote the licensing objectives and may even result in the refusal of
the application or the revocation of a licence.
5.7 For example, in local areas where there may be a concentration of problematic drinkers
or where it is known that groups of people congregated and have caused anti-social
behaviour. Applicants should very carefully consider the appropriateness of selling
alcohol during early morning or late evening hours.
5.8 Drinking up time / cooling down time
Even though the traditional drinking up time was not carried over into the Act, the
Council recommends that applicants of premises licensed for the on-sale of alcohol
should consider a drinking up / cooling down period. During this time music volume may
be reduced, customers may finish their drinks and make arrangements for
transportation from the premises. The Council considers that a 30 /45 minutes drinking
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up time will assist in the gradual dispersal of customers and consequently reduce any
potential negative impact on the area.
6. 6. Commercial demand
6.1 The commercial demand for additional premises licences (as distinct from cumulative
impact) will not be a matter for the Licensing Authority. These matters would be a
specific consideration for the local Planning Authority taking into account the demands
of the licensed trade and market demands
7. 7. Alcohol Harm
7.1 The evidence base for the impact of alcohol use on health and well-being is strong.
Alcohol use contributes to over 60 different health conditions including liver disease,
foetal alcohol syndrome and several cancers. Research shows that as well as being a
contributor to a wide range of diseases and conditions, alcohol use can result in injuries
and can contribute to, trigger and/or exacerbate mental health conditions. In addition,
alcohol is a major cause of death and illness in Wales with around 1,500 deaths attribute
to alcohol each year, (1 in 20 of all deaths).
7.2 Research has repeatedly shown that the economic, geographical and temporal
availability of alcohol has a significant effect on the level of alcohol related harms,
including health harms. Research and real-life experiments have shown that the range
of times and days alcohol is available for sale has a significant impact on the harms
caused by alcohol. The geographical ease of access also has an impact, as shown by
a large body of research into outlet density. Research conducted in 2017 demonstrated
that actively enforced Licensing policies lead to a reduction in alcohol-related hospital
admissions. These are all factors that are influenced by local licensing frameworks and
operational and enforcement approaches to licensing.
7.3
Research has demonstrated that the most effective and cost-effective approach to
tackle the harms from alcohol misuse is to reduce the affordability, availability of and
access to alcohol. The World Health Organisation and Public Health Wales have
identified reducing the availability of and access to alcohol as key to reducing alcohol
related health harms.
7.4 The intent of the Licensing Act 2003 is to regulate the supply of alcohol. Licensing is
therefore the key mechanism by which the availability of alcohol can be regulated,
through regulating the times and days of the week alcohol can be sold, premises which
can supply alcohol and the conditions of sale.
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7.5 Newport City Council recognises the significant negative impact on the health of our
residents caused by alcohol, reflected in hospital admissions and deaths from alcohol
related illnesses (see below).
Alcohol data shared by Public Health Wales in 2019 indicates that Newport local
authority area has:
Similar rates of alcohol-specific adult hospital admissions when compared to the Welsh average. This rate is higher than the Welsh average for females1.
Similar rates of alcohol-specific hospital admissions for under 18s for both males and females when compared to the Welsh average2.
Has a similar rate of alcohol-specific adult mortalities (deaths) when compared to the Welsh rate.
A significantly lower rate of persons aged 16+ self-reporting drinking above the guidelines3 (14.7%), when compared to the Welsh average of 19%.
7.6 Within the context of promoting the four licensing objectives, the Licensing Authority
expects applicants to propose licensing conditions to mitigate the impact their premise
may have on the health and well-being of their customers, the neighbourhood and the
wider community. For examples of licensing conditions that can promote health and
wellbeing, reference can be made to Newport City Council ‘Model Pool of Conditions’.
7.7 In addition, the Licensing Authority expects applicants to consider the impact their
premise may have on people vulnerable to alcohol misuse, in particular children and
young people and problematic drinkers. Commissioned alcohol treatment services are
set within the communities they serve. The availability of alcohol in near proximity to
treatment services can create specific issues for treatment providers. The Licensing
Authority expects applicants to consider and mitigate the harm by including licensing
conditions when their premise is close to the location of treatment services, and areas
where children and young people may congregate, such as schools, youth clubs and
parks.
1 More adult males than females in Newport are admitted to hospital for alcohol-specific conditions. All hospital admissions for
alcohol are preventable. 2 More under 18 females are admitted to hospital for alcohol-specific conditions than males in Newport. 3 Average self-reported consumption of alcohol is estimated to be consistently less than the amount of alcohol sold. This could be
due to adults underestimating the amount they consume, either my misreporting consumption to appear to have a more favourable behaviour, or due to difficulties in converting what they have consumed into units.
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8. 8. Drugs
8.1 The harms from drug misuse are numerous, and not restricted to health harms. Welsh
drug death levels were at their highest ever level in 2018-19 with deaths from drug
poisoning having increased by 78% over the last 10 years. Drug deaths appear to be
increasingly occurring in people using drugs on a recreational basis.
8.2 The UK’s drug market is rapidly evolving, with common street drugs continuing to
increase in strength and purity, and an ever-widening array of substances in circulation.
Licensing has a role in reducing the harms from drug misuse in the Night Time Economy
and our licensed premises.
8.3 Where there are issues of concern the Licensing Authority will expect to see evidence
that the drug policy has been implemented and reviewed.
8.4 Within the context of promoting the licensing objectives for preventing crime and
disorder and ensuring public safety, the Licensing Authority expects applicants and
licensees to:
Take all reasonable steps to prevent the entry of drugs into licensed premises
Take all reasonable steps to prevent drugs changing hands within the premises
Train staff to recognise understand the signs of drug misuse in people so that
practical steps can be taken to deal with instances that occur
Have appropriately trained staff to deal with drug related incidents
Display appropriate drug safety awareness information to customers
Provide a first aid room and first aid equipment, including a defibrillator in larger
venues
Deploy staff trained to assist with medical incidents
Implement an appropriate banning policy
8.5 At the request of Gwent Police, licensed premises would be required to seize, retain and document any drugs found, with a clear audit trail and a process for surrender in compliance with Gwent Police written policy. Furthermore, in the interest of Crime and Disorder, Gwent Police would also require licensed premises to allow the use of the ION Track machine on their premises to assist with identifying the areas where illegal drugs may be used at the venue.
8.6 The Licensing Authority recognises that drug misuse is not something that is
relevant to all licensed premises. However, it is committed to the reduction and
eradication where possible of drugs from licensed premises as part of its role in
promoting the crime and disorder licensing objective. The licensing authority expects
all licence holders to actively support this aim in the way that they plan, manage and
operate premises.
8.7 If relevant representations are received to an application for grant or variation of a
licence special conditions may be imposed to support the prevention of the illegal supply
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or use of controlled drugs. Advice on conditions will be sought from the police or any
other relevant organisation involved in the control of controlled drugs or the support
and/or treatment of drug users.
8.8 In premises where drug misuse is problematic and where any responsible authority or
other person apply for a review of the licence, the licensing authority will consider this
as being very serious and will give appropriate consideration to the full range of options
available, including suspension and revocation of the licence in accordance with the
statutory guidance issued by the secretary of state. The licensing authority recognises
that each case is individual and will be decided on its own facts and specific merits
9. 9. Licensing Objectives
9.1 The Licensing Authority has a duty under the Act to carry out its functions with a view
to promoting the licensing objectives. The licensing objectives (of which each one is of
equal importance) are:
The prevention of crime and disorder;
Public safety;
The prevention of public nuisance;
The protection of children from harm.
9.2 It is recognised that the licensing function is not the primary method of securing the
delivery of these objectives. The Licensing Authority will therefore continue to work in
partnership with its neighbouring authorities, the Police, Health Board, Immigration,
Safer Newport Group, local businesses, licensees and local people towards the
promotion of the objectives.
10. 10. Prevention of crime and disorder
10.1 Licensed premises, especially those offering late night/early morning entertainment,
alcohol and refreshment for large numbers of people, can be a source of crime and
disorder problems.
10.2 The Licensing Authority will expect operating schedules (see section 27) to satisfactorily
address these issues from the design of the premises through to the day-to-day
operation of the business. Details of the factors that will need to be considered as part
of the operating schedules are given in the Licensing Policies and matters for
consideration when deciding applications, which are attached in the annex to this policy
and in the Guidance notes for applicants.
10.3 Applicants are recommended to seek advice from the Licensing Authority’s licensing
officers and the police, as well as taking into account, as appropriate, local planning
and transport policies, tourism, cultural and crime prevention strategies, when preparing
their plans and operating schedules.
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10.4 The Licensee/applicant should also use their own experience and knowledge of their
customers and locations when drafting their operating schedule, which subsequently
becomes the basis of conditions on the licence. Failure to do this may lead to a
representation from the Authority, a responsible authority or other person. Applicants
may wish to consider the following and are advised to refer to the Authority’s ‘Model
Pool of Conditions’ when considering an application.
Is there CCTV, and, if so what are the areas covered, does it have the ability to see
clear full face recording of patrons entering, does it record the patron search area
at the entrance. What is the retention period of recordings, how easy it to access,
produce copies or download images if requested by Police and Licensing.
Are Security Industry Authority (SIA) door staff employed and what checks are
made to the validity of the SIA licence? What records are kept of SIA checks, search
policy, entrance policy, restriction of patrons using outside areas, such as smoking
areas, employment times of SIA and their training?
Is there ID scanning on entry to the premises? Will there be ‘No ID No Entry’ policy
in place?
Is there a clear drug and weapon policy? Is there a regular documented training of
this policy carried out with staff when drugs/weapons are seized or stored. Are
areas or surfaces designed to prevent the likelihood of drug use at the premises?
Has the use of plastic or toughened glass for serving of alcohol been considered,
will glass bottles be handed over the bar? Are there restrictions of drinks being
taken outside?
Is there a proof of age scheme, do the premises have a challenge 25 policy? Are
staff trained regularly on this policy and is it documented?
10.5 The Licensing Authority recognise that although Gwent Police and other criminal justice
services suffer the greatest resource burden from preventable alcohol related crime and
disorder the health system is also impacted. Preventable alcohol-related attendances
and admissions have a negative impact on limited NHS resources, staff and other
patients. Physical injury and the psychological impacts from violent incidents directly
affect the health and wellbeing of individuals, their family, friends and work colleagues,
our public service staff and licensed premise staff who deal with these incidents, and
the local community. Responsible Authorities will work together, sharing all available
local data, and will use NHS sources of data to promote this licensing objective.
10.6 The Authority will endeavour to reduce crime and disorder throughout the County in
accordance with its statutory duty under s.17 of the Crime and Disorder Act 1998.
10.7 Newport City Council, through agency working together and sharing information aim to
identify and prevent sexual exploitation, modern slavery and human trafficking. Licence
holders can help as they may become aware or come into contact with such victims.
This may be in hotels, bars and restaurants, late night takeaways, off licences or other
licensed premises. Licence holders, and staff employed in licensed premises, are in an
ideal position to help protect people.
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Modern slavery and human trafficking is a crime and a violation of fundamental human
rights and can take various forms such as slavery, servitude and compulsory labour.
The licence holder and staff who work in licensed premises should look for and ask
themselves the following;
Has the person got any physical signs of abuse or neglect? Deprived of food,
water, sleep, medical care or other life necessities?
You see worrying behaviour towards someone.
Is the victim in possession of a passport, identification or travel documents? Are
these documents in possession of someone else?
Does the victim act as if they were instructed or coached by someone else? Do
they allow others to speak when spoken directly?
Was the victim recruited for one purpose and forced to engage in some other
job? Was their transport paid for by facilitators, whom they must pay back
through providing services?
Does the victim receive little or no payment for their work? Is someone else in
control of their earnings?
Was the victim forced to perform sexual acts?
Does the victim have freedom of movement? Can they freely contact friends
and family? Do they have limited social interaction?
Has the victim or family been threatened with harm if the victim attempts to
escape?
Is the victim bonded by debt, or in a situation of dependence?
If there are concerns the licence holder are to report the matter to Modern Day
Slavery helpline on 08000 121 700 or visit the website
https://www.modernslaveryhelpline.org/report If someone is in immediate danger to
call the Police on 999.
In addition, all staff who are employed in the UK must have the right to work in the UK.
Employing someone illegally without carrying out the prescribed checks can lead to
robust sanctions against the licence holder.
11. 11. Prevention of public nuisance
11.1 Licensed premises have significant potential to impact adversely on persons living and
working (including those carrying on business) in the area around the premises, and
also further afield through public nuisances that arise from their operation. It is therefore
important that in considering the promotion of this licensing objective, Licensing
Authorities and Responsible Authorities focus on the effect of the licensable activities
at the specific premises on these parties which may be disproportionate and
unreasonable
11.2 The definition of what may be considered as a potential or actual ‘public nuisance’ is to
be interpreted in line with its broad common law meaning established through relevant
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case law. This is the interpretation which the Licensing Authority will apply when
considering such matters. Matters giving rise to ‘public nuisance’ are mainly accepted
to include issues relating to noise, light pollution, odour and litter. It may also arise as a
result of the adverse effects of dust, insects, accumulations or any other matter which
is determined to have an adverse impact on the living and working environment of other
persons living and working in the area of the licenced premises.
11.3 The Licensing Authority recognise that limiting the public nuisance that may be
associated with licensed premises and their operation is an important factor for health
and well-being.
The Licensing Authority recognise the key links to health and well-being from public
nuisance in terms of disturbed sleep, stress caused by nuisance and pollution. Disturbed
sleep and stress can add to residents’ mental and physical health issues, and their wider
wellbeing. Lack of sleep can have an impact on the immune system and can contribute
to heart disease and diabetes. Lack of sleep can also contribute to anxiety and
depression. Stress can contribute to anxiety and depression, and cardio-vascular
diseases.
Applicants should consider the potential impact their premise may have on public
nuisance particularly from noise and put in place mitigating measures.
11.4 The Licensing Authority expects applicants for premises licences and club premises
certificates to have made relevant enquiries and considerations about the local area
before submitting their application. The purpose of this is to enable the applicant to
consider the most appropriate controls for potential inclusion in the operating schedule
with a view to ensuring their activities do not undermine the licensing objective with
regard to the prevention of public nuisance. It is important to recognise that the impacts
of licensed activity are not contained within a building. Inevitably there is a wider impact
as people travel to and from the premises or congregate outside whilst it is in operation.
Nuisance is best managed by careful consideration of the suitability of the selected site
and any necessary mitigation at an early stage.
11.5 Applicants will be encouraged to demonstrate in their Operating Schedule that suitable
and sufficient measures have been identified and will be implemented and maintained
to prevent public nuisance. When a suitable site is identified, operating schedules
should be prepared on the basis of a risk assessment of the potential sources of
nuisance posed by the premises operation to those who may be impacted by their
activities. The operating schedule should demonstrate an understanding of the level
of risk of nuisance and include positive measures to manage any potential risks.
11.6 The Licensing Authority recommends that licensees apply a high standard of control to
minimise the potential for any public nuisance that may arise from their operation of the
premises, particularly where:
• they are situated in a residential or noise sensitive area; or
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• extended opening hours are proposed.
11.7 The Licensing Authority recognises that beyond the immediate area surrounding the
licensed premises the control that a licence-holder can exert over its patrons diminishes
and individuals who engage in anti-social behaviour are accountable in their own right.
However, applicants are encouraged to consider the actions they may take as a
responsible licence-holder to mitigate the potential adverse impact of patrons. The
operating schedule should again be used to demonstrate an understanding of the
potential risks and the positive measures that may be implemented to manage such
issues.
11.8 Applicants are encouraged to engage with the Licensing Authority and other relevant
Responsible Authorities (such as Environmental Health) at an early stage and prior to
the submission of an application, wherever reasonably practicable. These Authorities
will be able to provide advice in respect of appropriate control measures that may be
put in place, and included in the operating schedule, to mitigate the potential risks of
public nuisance occurring.
11.9 The Well-being of Future Generations (Wales) Act 2015, Noise & Soundscape
Management.
The Well-being of Future Generations (Wales) Act 2015 (hereinafter referred to as the
WFG Act 2015) places a duty on Local Authorities including the Licensing Authority to
embody sustainable development principles aimed at achieving seven prescribed well-
being goals as part of its fundamental operation; this includes the delivery of its Licensing
function. One of the cornerstone areas of consideration is the management of noise and
its impact on health and well-being.
11.10 The Statutory Licensing guidance issued under Section 182 of the Licensing Act 2003
does not currently provide any reference to how operationally Licensing Authorities are
to have regard to the requirements of the WFG Act 2015 specifically as it may relate to
the promotion of the Licensing Objective, the Prevention of Public Nuisance. It is clear
however in the Welsh Government’s ‘Noise and Soundscape Action Plan 2018-2023’
that there is recognition of the impact of noise. The Licensing Authority will have regard
to this action plan when determining applications (please refer to section 17 Integrating
strategies below).
12. 12. Public safety
12.1 The Council is committed to ensuring that the safety of any person visiting or working
in licensed premises is not compromised. Applicants will be expected to demonstrate
in their Operating Schedule that suitable and sufficient measures have been identified
and will be implemented and maintained to ensure public safety, relevant to the
individual style and characteristics of their premises and events. Applicants are advised
to seek advice from various organisations, such as the Newport City Council health and
safety enforcement officers, South Wales Fire and Rescue Service etc., before
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preparing their plans and schedules, particularly where regulated entertainment is to be
provided.
12.2 The Regulatory Reform (Fire Safety) Order 2005 introduced a requirement that any
person responsible for the management of a premises must make a suitable and
sufficient assessment of the risks, to which persons may be exposed for the purpose of
identifying the general fire precautions, which need to be taken. Therefore no
conditions may be imposed on an authorisation where it directly relates to fire safety. It
is expected therefore that authorisation holders will conduct a thorough risk assessment
which is regularly reviewed and updated. The risk assessment should be retained at
the premises and be available upon request by any authorised officer of the Council.
12.3 Where an applicant identifies an issue with regard to public safety, which is not covered
by existing legislation, the applicant should indicate in the operating schedule the steps
which will be taken to ensure public safety.
Depending on the individual style and characteristics of the premises and/or events, the
following issues may be relevant:
The number of people attending the premises/safe capacity levels, (factors may
include access and egress, flow around premises, comfort levels, seating
provisions, dance areas, accessibility to bars, etc);
The age, condition, design and layout of the premises, including the means of
escape in case of an emergency;
The nature of the activities to be provided, in particular the sale or supply of
alcohol and/or the provision of music and dancing and including whether those
activities are of a temporary or permanent nature;
The hours of operation, differentiating between the hours of opening from the
hours when the licensable activities will be provided;
Customer profile (e.g. age, disability etc.);
The use of special effects such as lasers, pyrotechnics, smoke machines, foam
machines etc.
Electrics and heating as part of the risk assessment.
12.4 The following examples of control measures are considered to be important and should
be taken into account by applicants in their Operating Schedule, having regard to the
particular type of premises and/or activities –
Suitable and sufficient risk assessments;
Effective and responsible management of premises;
Provision of a sufficient number of people employed or engaged to secure the
safety of everyone attending the premises or event;
Appropriate instruction, training and supervision of those employed or engaged
to secure the safety of everyone attending the premises;
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Adoption of best practice guidance (Assistance can be obtained by contacting
such Environmental Health, Fire Safety and HSE).
Provision of effective CCTV in and around premises;
Implementation of crowd management measures;
Regular testing (and certification where appropriate) of procedures, appliances,
systems etc. pertinent to safety.
Appropriate First Aid facilities and staff training on when to administer/ not
administer First Aid.
12.5 The authority recommends that specialists, e.g. qualified safety officer, should be
consulted to assist with an assessment of public safety issues, (excluding fire safety as
such a risk assessment is a mandatory requirement).
12.6 Heddlu Gwent Police promotes the use of polycarbonate drinking vessels to reduce
injuries caused either deliberately or accidentally from glass drinking vessels. The
Council supports this initiative and would advise any applicant or authorisation holder
that toughened glass often lose their tempering through repeated use, and should
consider the introduction of solely polycarbonate or plastic drinking vessels. Where
premises are associated with crime and disorder, the Council may also advocate that
open glass bottles for consumption on the premises should not be permitted and that
contents are decanted before serving to customers, the purpose being to reduce any
incidents where bottles may be used as weapons.
12.7 The Licensing Authority recognise that there are links between public safety and health,
for example injuries suffered in licensed premises that need medical treatment. Falls
are a contributor to alcohol related hospital attendances and admissions.
Considering and noting issues relating to public safety in responses to a licensing
application can be an effective way of addressing these issues through conditions being
placed on a licence, or, in more extreme cases a licence not being granted. The Health
Board, as a Responsible Authority, may be able to provide evidence of prevalence,
costs and impacts of public safety issues as appropriate.
13. 13. Protection of children from harm
13.1 Nothing in this statement of policy shall limit or require access of children to premises
unless there is an overriding requirement of necessity to prevent harm to children.
Areas that will give rise to particular concern are highlighted elsewhere in this policy.
13.2 With the exception of the restrictions specified in Section 145, the 2003 Act does not
prohibit children from having free access to any licensed premises. However, the
Licensing Authority recognises that limitations may have to be considered where it
appears necessary to protect children from harm.
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13.3 The Licensing Authority will not impose any condition that specifically requires access
for children to be provided at any premises. Where no restriction or limitation is imposed
the issue of access will remain a matter for the discretion of the individual premises or
club.
13.4 The 2003 Act details a number of offences designed to protect children in licensed
premises and the Licensing Authority will work closely with the police to ensure the
appropriate enforcement of the law, especially relating to the sale and supply of alcohol
to children.
13.5 The Chief Officer Social Care and Housing for the authority will be consulted on issues
relating to protecting children from harm.
13.6 Safeguarding children is everyone’s responsibility. Child sexual exploitation is a crime
that can affect any child, anytime, anywhere – regardless of their social or ethnic
background. Child sexual exploitation involves perpetrators grooming youngsters and
using their powers and it can take many forms, whether it occurs through a seemingly
‘consensual’ relationship with an older partner, having sex in return for attention, gifts,
money, alcohol and cigarettes. Violence, coercion and intimidation are common forms
of exploitation, with some vulnerable children being given drugs or made to sell drugs
and/or are forced to be part of county lines network.
Hotels, bars and restaurants, late night takeaways, off licences or other licensed
premises may come into contact with such children. This Authority encourages those
premises to look out for signs of possible exploitation. Licence holders and staff should
look for and ask themselves the following -
Does a child appear to be in a relationship with an older person?
Does the child appear to be under the influence of alcohol or drugs?
Is the hotel booking done by an adult, who is trying to conceal they are with a
young person?
Numerous adults and young people coming to a hotel who do not appear to have a reason for being there, or high levels of visitors to a guest room. With guests moving in and out of the premises at unusual times.
Guests arriving and asking for specific rooms number without knowing the name of the person the room is booked under.
For safeguarding children the Council do not support contactless check in systems
(virtual reception) whereby no members of staff will have interaction with the customers
at a hotel.
If there are concerns the licence holder and staff are to report the matter to either
Newport Safeguarding on 01291 635669 or Police Safeguarding on 01495 745409. If
someone is in immediate danger to call the Police on 999.
13.7 The Licensing Authority recognise that compared to adults, children and young people
are at higher risk of harm in relation to alcohol use and consumption, and the health
impacts can be higher where they happen. Children and young people are also more
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vulnerable to certain harms in licensed settings. Furthermore, earlier take up of regular
drinking increases lifetime risks of alcohol-related harms.
Children and young people have multiple vulnerabilities related to the impact that alcohol
can have on their health and development. They have higher levels of vulnerability and
risk associated with being on licensed premises that need to be considered and
appropriately addressed in licensing policies, practices and processes. A significant
impact from a child or young person suffering illness, injury or dependence as a result of
access to alcohol and licensed premises is likely to fall to the Health Board.
The Licensing Authority also recognise the serious impact of parental alcohol misuse on
children at every age, and the long-term consequences (i.e. adverse childhood
experiences). There is potential for lower levels of harmful parental alcohol consumption
having a beneficial impact on reducing childhood adversity in the home environment
(e.g. reductions in violence, in particular domestic abuse).
13.8 Evidence demonstrates that young people are more vulnerable than adults to the
adverse effects of alcohol due to a range of physical and psycho-social factors. As
such, initiatives to prevent the sale and supply of alcohol to children are supported.
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14. 13.9 The Authority expects age verification measures to be operated by licensed premises
involved in the sale and supply of alcohol to ensure he licensing objective for the
protection of children is met.
To support the age-verification process the Authority strongly recommended that
premises have the following measures in place to ensure age verification for sales -
That ‘Challenge 25’ is supported as part of the age verification scheme
established. The scheme should require the production of evidence of age from
any person appearing to staff engaged in selling or supplying alcohol to be under
the age of 25 and who is attempting to buy alcohol.
That evidence of the scheme (in the form of documented procedures) is
maintained and made available for inspection by authorised officers.
That all staff involved in the sale of alcohol shall be trained in age verification
schemes and proxy sales, where a person attempts to buy alcohol for a person
under 18. Records of such training shall be retained on the premises and made
available for inspection by authorised officers.
That an incident log be maintained, and details of all age-related refusals
recorded. This book shall be reviewed monthly by the DPS and actions taken
recorded in the book and signed off by the DPS. The log shall be retained on
the premises and made available for inspection by authorised officers.
That a personal licence holder shall be on the premises at all times that alcohol
is supplied.
That the DPS shall ensure that, as far as is reasonably practical, alcohol is
displayed in an area which can be constantly monitored or supervised by staff,
separate from goods likely to be purchased by persons under 18.
14. Rights of representations
14.1 The Licensing Authority will expect applicants to address the licensing objectives in their
operating schedule having regard to the type of premises, the licensable activities to be
provided, the operational procedures, the nature of the location and the needs of the
local community. In this way, those with a right to make representations or objections
are able to fully assess the factors that may affect them.
14.2 Relevant representations may be made by a responsible authority, other persons or
organisations representing them, but they should state whether they are making a
representation on their own behalf or on behalf of another person.
14.3 Amendments to the Act has inserted the term ‘other person’ to replace ‘interested party’
as someone who can make representations, it also removed the vicinity test for
residents and the specific term of councillor. This opens up the range of persons who
may make representation and includes for example the following:-
Residents living near the premises
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Persons with an interest in the premises or locality
Local councillors
Businesses with an interest in the premises or locality.
Organisations with an interest in the locality, premises or licensable activities.
The Council will have to decide if the representation is relevant and/or reasonable, and
in making that assessment will assess the person or organisation making the
representation and their relationship to the premises and or vicinity.
14.4 Relevant representations will be taken as those that relate to the fundamental principles
of the Licensing Act, any organisation or individual wishing to object to any application
will therefore need to state whether they are doing so on the grounds of:
The prevention of crime and disorder;
Public safety;
The prevention of public nuisance;
The protection of children from harm.
14.5 Unreasonable, frivolous and vexatious representations will be disregarded.
Representations that have been made and considered elsewhere, for example as an
objection to a planning application, may also be disregarded where consideration of
such representations would be duplication.
14.6 Petitions may be accepted if the Authority believes all those that signed the petition
understood the implications of what they were signing. Please refer to 29.24 below for
further guidance.
15. 15. Responsible authorities
15.1 The Licensing Act 2003 as amended specifies who is responsible authorities that may
make representations on applications or apply for the review of a premises licence or
club premises certificate, and they are:
The Chief Officer of Police
The Fire Authority
The enforcing authority for Health and Safety at Work
The local planning authority
The local authority responsible for minimising or preventing the risk of pollution
of the environment or of harm to human health
The local weights and measures authority
The Director of Social Services and the body representing matters relating to
the protection of children from harm, currently the Local
Safeguarding Children Board
In relation to a vessel, a navigation authority, the Environment Agency, or the
British Waterways Board
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The Local Health Board (Aneurin Bevan University Health Board)
The Licensing Authority (The Council)
Immigration (Home Office Immigration Enforcement)
16. 16. Other persons
16.1 Changes to the Licensing Act 2003 by virtue of the Police Reform and Social
Responsibility Act 2011 have now removed the test of “vicinity” from the 2003 Act and
as a consequence, the categories of “interested party” no longer exist.
16.2 Therefore, any person is able to make representations in relation to certain types of
applications as an “Other Person” However; all representations must relate to the
licensing objectives and may not be frivolous or vexatious.
17. 17. Integrating strategies
17.1 The Secretary of State’s Guidance to the Licensing Act 2003 states that the Licensing
Authority should outline how it will secure proper integration between its licensing policy
with policies and strategies concerned with local crime prevention, planning, transport,
tourism, equality schemes, cultural strategies and any other policy or plan introduced
for the management of town centres and night time economies. The Licensing Authority
agree that such co-ordination and integration is crucial to achieve the Council’s aims
for a safe and vibrant night time economy. Other pieces of legislation may impact
directly or indirectly on the licensing regime. The Licensing Authority must have regard
to the following when it discharges its responsibilities under the Licensing Act 2003 an
in relation to the promotion of the four licensing objectives:
Crime and Disorder Act 1998
This Act requires local authorities and other bodies to consider crime and disorder
reduction. Section 17 of the Act states that it shall be the duty of each authority, to
exercise its various functions with due regard to the likely effect the exercise of those
functions on, and the need to do all that it reasonably can to prevent, crime and disorder
in its area (including anti-social and other behaviour adversely affecting the local
environment). This links specifically with the licensing objective of prevention of crime
and disorder and the licensing authority will take into account all reasonable measures
that actively promote this licensing objective.
The Anti-Social Behaviour, Crime and Policing Act 2014
This Act gives a wide range of powers to local authorities and the police to tackle
incidents of crime, disorder and nuisance that may be impacting on residents. The Act
introduced public spaces protection orders which allows the local authority to designate
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areas where anti-social behaviour such as street drinking will be prohibited. The Act
also gives powers to the local authority and police to close licensed premises where
nuisance and anti-social behaviour is taking place. This Act therefore clearly supports
and actively promotes the licensing objectives contained within the Licensing Act 2003.
Immigration Act 2016
Section 36 and Schedule 4 of the Immigration Act 2016 amended the Licensing Act
2003 and made Home Office Immigration Enforcement a Responsible Authority
concerned with the licensing objective of prevention of crime and disorder. They will
exercise their power both in respect of being a consultee on new licence applications
and having right of entry to licensed premises with a view to seeing whether an offence
under any of the Immigration Acts is being committed on a licensed premises. This will
primarily involve the detection and prevention of illegal working on premises that have
an alcohol licence or a late night refreshment licence. The offence of employing people
at licensed premises who have no right to work in the UK is also now listed in the
Secretary of State’s guidance under Section 11.27 which covers criminal activity
deemed to be particularly serious and where a licensing authority should consider
revoking a premises licence even in the first instance. This Act clearly supports and
actively promotes the licensing objective of preventing crime and disorder and the
licensing authority will work with colleagues in the Immigration service and Gwent Police
to enforce this.
Human Rights Act 1998
The Council has a duty under the European Convention on Human Rights to protect
both the rights of resident to privacy and family life (Article 8), and the rights of a licence
holder to operate their business without undue interference (Article 1 of the First
Protocol). This promotes the need for the licensing authority to reach a balance between
these two principles when making decisions.
Equality Act 2010
The Act places a legal obligation on public authorities to have regard to the need to
eliminate unlawful discrimination, to advance equality of opportunity and to foster good
relations between persons who shared a protected characteristic and those that do not.
Protected characteristics include age, disability, race, religion and sexual orientation.
When making a decision, the licensing authority will have regard to this due to the goal
of ensuring that the night time economy is safe and accessible to all. Other legislation
that the Licensing Authority will consider -
Well-being of Future Generations (Wales) Act 2015
This Act requires Local Authorities in Wales to think about the long-term impact of
their decisions, to work better with people, communities and each other, and to
prevent persistent problems, such as poverty, health inequalities and climate change.
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The Act clearly supports and actively promotes the licensing objectives. This Act links
specifically to the prevention of crime and disorder and public nuisance. It recognises
that there is a need to create appropriate soundscapes – the right acoustic
environment in the right time and place. The Local Authority will consider the
management of noise and soundscapes and in particular the five ways of working
contained under this Act namely, i) Long term – the importance of balancing short-
term needs with the needs to safeguard the ability to also meet long-term needs, ii)
Integration, iii) Involvement, iv) Collaboration and v) Prevention. Welsh Government
has produced a ‘Noise and Soundscape Action Plan for 2018-2023’
https://gov.wales/sites/default/files/publications/2019-04/noise-and-soundscape-
action-plan.pdf
The Licensing Authority will also have cognisance to the following legislation when it
decides to discharge its responsibilities under the Licensing Act. This list is not
exhaustive:-
Environmental Protection Act 1990 which deals with noise and nuisance
Regulatory Reform Order 2005 which deals with fire safety
Highways Act 1980 which deals with pavement café licences.
17.2 The Licensing Authority will as far as possible seek to avoid duplication with other
regulatory regimes when dealing with the licensing function. If other existing law already
places certain statutory responsibilities on an employer or operator of premises, it
cannot be appropriate or proportionate to impose the same or similar duties on the
premises licence holder or club. Once the discretion of the Licensing Authority is
engaged, it is only where additional and supplementary measures are appropriate to
promote the licensing objectives that appropriate and proportionate conditions will be
attached to a licence.
17.3 Other Local Authority and Government policies, strategies, responsibilities, and
guidance documents may also refer to the licensing function, and the Licensing
Authority may liaise with the relevant authorities or its directorates with regard to these.
Whilst some of these may not be directly related to the promotion of the four licensing
objectives, they can indirectly impact upon them.
17.4 It is the Local Authority’s intention that it will, through its Licensing Committee monitor
how these matters, set above, impact on the Authority’s licensing and other functions,
in order that it may seek to co-ordinate and integrate its licensing function with other
relevant strategies.
17.5 In respect of cultural strategies the Licensing Authority will, for example through periodic
consultation with local Leisure and Cultural Services officers, consider whether the
provision of live music and cultural activities and entertainments are being deterred by
local licensing requirements. Where there is any indication that this is the case, the
Licensing Authority may consider investigating how the situation might be reversed, and
may if necessary in the light of such investigations consider a revision to the Statement
of Licensing Policy.
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Relationship with Planning Process
17.6 Applications for premises licences for permanent commercial premises should normally
be from businesses with planning consent for the property concerned. However,
applications for licences may be made before any relevant planning permission has
been sought or granted by the Local Planning Authority.
17.7 It is strongly recommended that prospective licence applicants contact the Local
Planning Authority in advance of making a licence application in order to check, or seek
advice on, any planning consents or any conditions relevant to the use of the premises.
It clearly makes operational sense to ensure that planning and licensing are compatible.
17.8 The Licensing Authority wishes to emphasise that the granting by the Licensing &
Regulatory Committee of any variation of a licence which involves a material alteration
to a building would not relieve the applicant of the need to apply for planning permission
or building control consent where appropriate.
17.9 The Local Authority will aim to properly separate planning, building control and licensing
regimes in order to avoid duplication and inefficiency. The Licensing and Planning
regimes involve consideration of different (albeit related) matters.
17.10 The Licensing Authority will avoid treating licensing applications as a re-run of planning
applications, and will not normally:
cut-across decisions taken by the Local Authority Planning Committee or
following appeals decisions taken by that Committee; or
impose licensing conditions where the same or similar conditions have been
imposed on a planning consent.
17.11 The Licensing Authority is not bound by decisions made by the Planning Committee
and vice versa.
17.12 Where, as a condition of planning permission, a terminal hour has been set for the use
of premises for commercial purposes that is different to the licensing hours, the licensee
must observe the earlier closing time in order to avoid any breach of their planning
permission - for which they may be liable to prosecution under planning law (and vice
versa where the licensing hours finish earlier than the planning permission).
18. 18. Personal alcohol licence
18.1 The Council recognises it has very little discretion in the granting of a personal licence.
In general provided an applicant is aged 18 or over, is entitled to work in the UK, has
an approved qualification, has not had a personal licence forfeited within 5 years of this
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application and does not have relevant criminal convictions or civil penalty received
after 6 April 2017 for immigration matters, the application must be granted.
18.2 Individuals applying for a personal licence must be entitled to work in the UK. Licences
must not be issued to people who are illegally present in the UK who are not permitted
to work, or who are permitted to work but are subject to a condition that prohibits them
from doing work relating the carrying on of a licensable activity.
18.3 Where an applicant’s immigration permission to live and work in the UK is time-limited,
a personal licence may be issued but will become invalid when the immigration
permission expires. In the event that the Home Office cuts short or ends a person’s
immigration permission, any personal licence issued in respect of an application made
on or after 6 April 2017 will automatically lapse.
18.4
If an applicant declares that they have been issued with an immigration penalty or
convicted of an immigration offence or foreign offence comparable to an immigration
offence, the licensing authority is required to notify the Secretary of State for the Home
Department (through Home Office Immigration Enforcement).
18.5 If an applicant has a relevant conviction the Police can oppose the application. If an
applicant has been issued with an immigration penalty or convicted of a relevant
immigration offence on or after 6 April 2017, the Home Office may object to the
application. When an objection is lodged a hearing must be held.
18.6
Applicants with unspent convictions for relevant offence as set out in the Regulations
made under the Act are encouraged to first discuss their application with the Council’s
Licensing Officer and/or the Police.
18.7 At a hearing in respect of an objection to the granting of a personal licence, or the
revocation of an existing licence, the Council will consider carefully whether the grant
of, or continuation of, the licence will be in the interests of the crime prevention objective.
It will consider the seriousness and relevance of any conviction(s), the period that has
elapsed since the offence(s) was/were committed and any mitigating circumstances.
The Council will only grant the application, if it is satisfied that doing so will promote this
objective.
18.8 Prevention of crime is both an objective of the Licensing Act 2003 and a responsibility
of the Council under the Crime and Disorder Act 1998. A person holding a personal
licence should be a person who is not only properly qualified but a person who will assist
in the prevention of crime. Granting a licence to a person with a relevant criminal record
could undermine rather than promote the crime prevention objective.
18.9
From 6 April 2017 the Policing and Crime Act 2017 gives licensing authorities the power
to revoke or suspend personal licences. This is a discretionary power and may be
undertaken when a licensing authority becomes aware that the licence holder has been
convicted of a relevant offence or foreign offence or been required to pay an immigration
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penalty on or after 6 April 2017. The decision must be made by the Licensing Committee
or sub-committee and they may revoke the licence or suspend it for a period up to 6
months.
19. 19. Premises licence
19.1 A premises licence is granted in respect of any premises, other than a private members
club or similar type premises, authorised for one or more licensable activities, such as
the supply of alcohol, late night refreshment or regulated entertainment.
19.2 There are some exemptions for the requirement of a licence and they include the
exhibition of films for educational or promotional reasons, films shown as part of an
exhibition, amplified live and recorded music to audiences of less than 500 people
between the hours of 8.00 am and 11.00 pm. Applicants are advised to contact the
licensing authority on other exemptions for further guidance.
19.3 Where alcohol is supplied, a Designated Premises Supervisor, who must be the holder
of a personal licence, must be nominated to authorise the sale of alcohol at the
premises.
19.4 Premises licences are issued to individuals over the age of 18 years who carry on, or
propose to carry on, a business which involves the use of the premises for licensed
activities. In addition, charities, health service bodies, educational institutions and
persons of other prescribed descriptions may apply for a premises licence.
19.5 A licence may be issued subject to conditions, which must be complied with at all times
whilst the premise is being used for licensable activities during the times specified in
the licence. Failure to comply with the terms and conditions of a licence or if licensable
activities are carried out without a premises licence, may result in a fine, which is
unlimited or a term of imprisonment of up to 6 months, or both.
19.6 Fees for licences are based on the rateable value of a premises and although licences
are usually issued for an indefinite period, an annual fee is payable.
19.7 It is an expectation that the premises licence holder and designated premises
supervisor will be aware of their permitted licensable activity types, permitted hours and
conditions of licence. Failure to demonstrate or have a lack of regard could result in a
lack of confidence in management by a Responsible Authority.
20. 20. Club premises certificate
20.1 A qualifying club, industrial and provident society, friendly society and miners welfare
institute that satisfies the criteria specified in part 4 of the Licensing Act 2003 may
provide licensable activities for its members and guests of a member that are
authorisation by a club premises certificate (CPC).
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20.2 A CPC only authorises the use of a premises for the benefit of its members and their
guests and cannot be used to provide licensable activities to non-members. If the
premises are to be used to provide licensable activities for non-members an additional
authorisation will be required. This may be a premises licence (PL) or a temporary
event notice (TEN).
20.3 A premises operating under the authorisation of a CPC enjoy special privileges. If a
club premises operate under the authorisation of a PL or TEN the privileges do not
apply. The privileges include; restricted rights of entry, no need to have a qualified
person authorising sales of alcohol. Other considerations would be different taxation
rules, advice should be sought from HMRC.
20.4 It is an expectation that the CPC holder will be aware of their permitted licensable
activity types, permitted hours and conditions of licence. Failure to demonstrate or have
a lack of regard could result in a lack of confidence in management by a Responsible
Authority
21. 21. Temporary Event Notices
21.1 Temporary Event Notices (TENs) can be used to allow licensable activities to be carried
out on a one-off or occasional basis. They are the most appropriate type of authorisation
for small-scale, one-off events, such as community, school and charity fundraising
events, at which it is intended to:
• sell or supply alcohol;
• provide regulated entertainment; or
• sell hot food/drink between 11 pm and 5 am.
21.2 Unless sent electronically, a TEN must be sent to the relevant licensing authority, to the
Police and the local authority exercising environmental health functions at least ten
working days before the event. A premises user may also give a limited number of
“Late TENs” to the licensing authority less than 10 working days before the event, but
certain restrictions apply.
21.3 The Police or authority exercising environmental health functions may intervene to
restrict the event or prevent the event taking place. They may agree a modification of
the TEN directly with the TEN user. When giving a TEN, the premises user should
consider the promotion of the four licensing objectives.
21.4 There are two types of TEN, a standard TEN and a late TEN. A standard notice is given
no later than ten working days before the event to which it relates and a late notice is
given not before nine and not later than five working days before the event. The period
excludes the day the notice is received and the first day of the event. Late TENs are
intended to assist premises users who are required to submit a notification at short
notice for reasons outside their control.
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21.5 The Police and authority exercising environmental health functions have a period of
three working days from when they are given the notice to object to it on the basis on
any of the four licensing objectives.
21.6 If an objection notice is received in relation to a standard TEN the licensing authority
must hold a hearing to consider the objection, unless all parties agree that a hearing is
unnecessary.
21.7 If an objection notice is received in relation to a late TEN, the notice will not be valid
and the event will not be permitted to go ahead as there is no scope for a hearing or for
any existing licence conditions to be applied to the notice.
21.8 A number of limitations are imposed on the use of TENs by the Licensing Act 2003.
Notice givers are advised to contact the licensing authority for further advice.
21.9 The Licensing Authority recommends that anyone wishing to submit a Temporary Event
Notice, particularly where this involves the provision of regulated entertainment, gives
as much notice to the Authority as possible, to ensure that proper advice can be given
and any anticipated issues resolved in a planned and timely manner. Whilst notices
can legally be submitted with 10 working days or a late notice in 5 working days prior to
the event taking place, a period of 12 weeks is recommended for larger events.
21.10 The Licensing Authority may notify the Council’s Event Safety Advisory Group (ESAG)
of any Temporary Event Notices involving the provision of regulated entertainment.
This Panel brings together the various enforcement bodies that may be responsible for
enforcement in respect of an event, along with any applicants and other organisers, and
allows agreement to be reached regarding the way that the event will be organised etc.
It is recommended that all applicants submitting a Temporary Event Notice go through
the Events Panel when drawing up their Notice, and the Events Panel will be of
particular assistance to charities, community and voluntary groups, and other event
organisers who may not have access to legal advice or technical knowledge.
It is recommended that ESAG is contacted in adequate time to factor in the possibility
of objections to a licence or temporary event and the hearing timescale. As such, it is
recommended that ESAG be contacted for events under 500 people, 24 working days
before the event and 68 working days before the event for events over 500. This is
recommended where alcohol, regulated entertainment and/or late night refreshment is
taking place.
21.11
External areas and outdoor events will normally be restricted to 08.00 – 22.00hrs unless
the applicant can demonstrate the comprehensive control measures have been
implemented that ensure the promotion of the licensable objectives, in particular the
public nuisance objective.
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22. 22. Sale and supply of alcohol
22.1 Shops, stores and supermarkets should generally be permitted to sell alcohol for
consumption off the premises during the normal hours they intend to open for shopping
purposes. However, in the case of individual premises, which are known to be a focus
or cause of disorder and disturbance then, subject to representations from the police
and other responsible authorities, a limitation on licensing hours may be appropriate.
22.2 Licensed premises authorised under the Act for the sale and/or supply of alcohol must
consider their responsibilities with regard to who they supply with alcoholic drinks, in
particular:
The sale to persons under the age of 18 years
The sale to persons who are delivering to persons under the age of 18 years
The sale to persons who are drunk
22.3 The Licensing Authority actively encourages that the sale or supply of alcohol should
terminate at least thirty minutes to fourth five before the closing time of the premises.
This provides a suitable ‘wind down’ period and a slower dispersal of customers.
22.4 The council recommend that any licensed premises that is authorised to sell or supply
alcohol have a policy that sets out how the sale or supply is controlled and must include
staff training requirements. Records should be kept of all training provided and any
incidents e.g. a refusal to sell and reasons.
23. 23. Regulated entertainment
23.1 Schedule 1 to the 2003 act sets out what activities are regarded as the provision of
regulated entertainment and when they are licensable and those activities, which are
not and therefore exempt from the regulated entertainment regime. (Applicants are
strongly advised to review Home Office Section 182 Guidance of the Licensing Act 2003
regarding Regulated Entertainment).
The descriptions of entertainment activities licensable under the 2003 Act are:
A performance of a play;
An exhibition of a film;
An indoor sporting event;
A boxing or wrestling entertainment;
A performance of live music;
Any playing of recorded music;
A performance of dance; and
Entertainment of a similar description to a performance of live music, any playing
of recorded music or performance of dance.
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To be licensable, on or more of these activities needs to be provided for the purpose
(at least partly) of entertaining an audience; has to be held on premises made available
for the purpose of enabling that activity; and must also either:
Take place in the presence of a public audience, or
Where that activity takes place in private, be the subject of a charge made with a
view to profit.
23.2 Public Audience
For the purpose of regulated entertainment, the term “audience” refers to any person
for whose entertainment (at least in part) any licensable activities are provided. An
audience member need not be, or want to be, entertained: what matters is that an
audience is present and that the purpose of the licensable activity is (at least in part)
intended to entertain any person present. The audience will not include performers,
together with any person who contributes technical skills in substantial support of a
performer (for example, a sound engineer or stage technician), during any associated
activities. This includes setting up before the entertainment, reasonable breaks
(including intervals) between activities and packing up thereafter. Similarly, security
staff and bar workers will not form part of the audience while undertaking their duties.
More than one entertainment activity (or single activity, more than one performance or
event) can be held concurrently, provided that the audience for each such performance
or event does not exceed the threshold at which such a performance or event does not
exceed the threshold at which such a performance or event becomes licensable. In
some circumstances, there will be a clear distinction between performances or events;
for example, their taking place in separate rooms or on separate floors. However,
organisers will have to ensure that audiences do not grow or migrate, so that the
audience exceeds the relevant limit for any one performance or event at any time. If
there is the possibility of audience migration, it might be easier and more flexible to
secure an appropriate authorisation.
23.3 Overview of circumstances in which entertainment activities are not licensable
There are a number of exemptions that mean that a licence (or other authorisation)
under the 2003 is not required. This Policy cannot give examples of every eventuality
or possible entertainment activity that is not licensable. However, the following activities
are examples of entertainment which are not licensable:
Activities which involve participation as acts of worship in a religious context;
Activities in places of public religious worship;
Education – teaching students to perform music or to dance;
The demonstration of a product – for example, a guitar – in a music shop;
The rehearsal of a play or performance of music for a private audience where no
charge is made with a view to make a profit;
Morris dancing (or similar);
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Incidental music – the performance of live music or the playing of recorded music
if it is incidental to some other activity;
A spontaneous performance of music, singing or dancing;
Garden fetes – or similar if not being promoted or held for purposes of private gain;
Films for advertisement, information, education or in museums or art galleries;
Television or radio broadcasts – as long as the programme is live and simultaneous;
Vehicles in motion – at a time when the vehicle is not permanently or temporarily
parked;
Games played in pubs, youth clubs etc. (e.g. pool, darts and table tennis);
Stand-up comedy; and
Provision of entertainment facilities (e.g. dance floors)
23.4 Deregulatory changes where a licence is not required
As a result of deregulatory changes that have amended the 2003 Act, no licence is
required for the following activities:
Plays: no licence is required for performances between 08.00 and 23.00 on any
day, if the audience do not exceed 500.
Dance: no licence is required for performances between 08.00 and 23.00 on any
day, if the audience do not exceed 500.
Films: no licence is required for ‘not-for-profit’ film exhibition held in community
premises between 08.00 and 23.00 on any day, provided that the audience does
not exceed 500 and the organiser (a) gets the consent to the screening from a
person who is responsible for the premises and (b) ensures that such screening
abides by age classification ratings.
Indoor sporting events: no licence is required for an event between 08.00 and
23.00 on any day, if the audience do not exceed 1000.
Boxing or wrestling entertainment: no licence is required for a contest exhibition
or display of Greco-Roman wrestling, or freestyle between 08.00 and 23.00 on any
day, if the audience do not exceed 1000.
Live unamplified music: No licence is required for a performance of unamplified
live music between 08.00 and 23.00 on any day, on any premises.
Live amplified music: No licence is required for a performance of amplified live
music between 08.00 and 23.00 on any day
- on premises authorised to sell alcohol for consumption on the premises, if the
audience do not exceed 500.
- In a workplace that does not have a licence, if the audience do not exceed 500.
- In a church hall, village hall, community hall, or other similar community
premises, that is not licensed by a premises licence to sell alcohol, provided
that (a) the audience does not exceed 500, and (b) the organiser gets consent
for the performance on the relevant premises from (i) the local authority
concerned, or (ii) the school or (iii) the health care provider for the hospital.
Recorded music: No licence is required for any playing of recorded music between
08.00 and 23.00 on any day
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- On premises authorised to sell alcohol for consumption on the premises, if the
audience do not exceed 500.
- In a church hall, village hall, community hall, or other similar community
premises, that is not licensed by a premises licence to sell alcohol, provided
that (a) the audience does not exceed 500, and (b) the organiser gets consent
for the performance from a person who is responsible for the premises.
- At the non-residential premises of (i) a local authority, or (ii) a school, or (iii) a
hospital, provided that (a) the audience do not exceed 500, and (b) the
organiser gets consent for the performance on the relevant premises from: (i)
the local authority concerned, or (ii) the school proprietor or (iii) the health care
provider for the hospital.
Cross Activity Exemptions: No licence is required between 08.00 and 23.00 on
any day, with no limit on audience size for:
- Any entertainment taking place on the premises of the local authority where
the entertainment is provided by or on behalf of the local authority;
- Any entertainment taking place on the hospital premises of the health care
provider where the entertainment is provided by or on behalf of the health care
provider.
- Any entertainment taking place on the premises of the school were the
entertainment is provided by or on behalf of the school and
- Any entertainment (excluding films and a boxing or wrestling entertainment)
taking place at a travelling circus, provided that (a) it takes place within a
moveable structure that accommodates the audience, and (b) that the
travelling circus has not been located on the same site for more than 28
consecutive days.
If organisers are uncertain as to audience size or if audience migration is likely, it might
be easier and more flexible to secure an appropriate authorisation.
Examples of where a Temporary Event Notice (TEN) could still be required include if
the activity is the playing of recorded music or the exhibition of a film that required an
authorisation; or if the entertainment is not authorised by an existing licence or
certificate and its conditions.
Of course, anyone involved in the organisation or provision of entertainment activities
– whether or not any such activity is licensable under the 2003 Act – must comply with
any applicable duties that may be imposed by other legislation relevant to the event
(e.g. in areas such as crime and disorder, fire, health and safety, noise, nuisance and
planning). Any such person should take steps to be aware of relevant best practice,
and may find responsible authorities a useful source of expert support and advice.
23.5 Circumstances in which entertainment activities are no longer licensable
Local Authorities, hospital healthcare providers and school proprietors: cross
entertainment activity exemption
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No licence is required for any entertainment provided by or on behalf of a local authority,
health care provider, or school proprietor to the extent that it takes place on defined
premises, between 08.00 and 23.00 on any day provided that:
For entertainment provided by, or on behalf of, a local authority it takes place
on premises in which that authority has relevant property interest, or is in lawful
occupation.
For entertainment provided by, or on behalf of, a health care provider, providing
it takes place on any premises forming part of a hospital in which the provider
has a relevant property interest, or is in lawful occupation; and
For entertainment provided by, or on behalf of, a school proprietor it takes place
on the premises of the school.
The policy cannot give examples of every eventuality where entertainment is not
licensable under this exemption through being provided “by or on behalf of”. It will
depend on the facts in each case.
However, the following are examples of activities that are not usually considered to be
licensable under this exemption:
Any entertainment activity hosted by a local authority on their own premises
where there is a significant relationship between the local authority and the
provider of the entertainment (e.g. principal and agent);
Any entertainment activity organised on a local authority’s behalf on that local
authority’s premises by a cultural trust in discharge of a local authority’s
discretionary power to arrange entertainment provision and support for the arts,
including festivals and celebrations.
Any entertainment activity organised by a healthcare provider on their own
hospital premises in partnership with a hospital charity.
Any entertainment event on school premises organised by the Parent Teacher
Association (PTA) to benefit the school.
It is for the local authority, health care provider or school proprietor to determine
whether, and on what basis, they can (or wish) to provide entertainment activity under
this exemption, including consideration of issues around fundraising, profit making,
governance or use of public funds. However a pure hire of premises by a third party
does not constitute the provision of an entertainment event “on behalf of” a local
authority, healthcare provider, or school proprietor and nor does commercial
entertainment which the local authority merely facilitates through providing a public
space.
All the terms used in this exemption such as “local authority”, “health care”, “health care
provider”, “hospital”, “school”, “school premises”, “school proprietor”, domestic
premises” and “relevant property interest” are defined in the 2014 Order.
Local authority, hospital and school premises: third party music entertainment
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No licence is required for a performance of live music or the playing of recorded music
on local authority, hospital or school premises, that are not domestic premises, between
08.00-23.00 on any day provided that;
It is performed in front of an audience of no more than 500 people; and
A person concerned in the organisation or management of the music
entertainment has obtained the prior written consent of the local authority,
health care provider or school proprietor (as appropriate) for that entertainment
to take place. It is for these “trusted providers” to determine whether, or not,
they wish to make their premises available for music entertainment by a 3rd
party and on what terms they deem it appropriate.
Community premises: music entertainment
No licence is required for a performance of live music or the playing of recorded music
on community premises, between 08.00-23.00 on any day provided that;
The community premises are not authorised, by a premises licence or club
premises certificate, to be used for the supply of alcohol for consumption on the
premises;
The music entertainment is in the presence of an audience of no more than
500 people and
A person concerned in the organisation or management of the music
entertainment has obtained the prior written consent of the management
committee of the premises, or if there is no management committee, a person
who has control of the premises in connection with the carrying on by that
person of a trade, business or other undertaking, or failing that a person with a
relevant property interest in the premises.
Community premises: exhibition of film
No licence is required for an exhibition of a film on community premises between 08.00-
23.00 on any day providing that
The film entertainment is not provided with a view to a profit
The film entertainment is in the presence of an audience of no more than 500
people
The admission of children is subject to such restrictions as are necessary to
comply with the recommendation issued by BBFC or relevant licensing authority
regarding the admission of children and
A person concerned in the organisation or management of the exhibition of the
film has obtained the prior written consent of the management committee of the
premises, or if there is no management committee, a person who has control of
the premises in connection with the carrying on by that person of a trade,
business or other undertaking, or failing that a person with a relevant property
interest in the premises
Under this exemption, one condition is that the film entertainment is not being provided
with a view to profit. An entry charge does not of itself make the film entertainment
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licensable; it is whether the organiser intended to make a profit (that includes raising
money for charity). A charge or contribution that is made solely to cover the costs of
the film screening is consistent with ‘not being provided with a view to profit’. The ‘not
with a view to profit’ condition applies solely to the activity of exhibiting the film under
this exemption. A charge with a view to making a profit may legitimately be levied for
any other activity or event that is distinct from film admission, such as the provision of
refreshments, film talks, or a social event.
This community film exemption is also conditional on those responsible having in place
operating arrangements that ensure that the age rating for the film is implemented by
means of a suitable child admission policy. How this is achieved is a matter for the
organisation or social group exhibiting the film. For example, they may operate a
membership subscription scheme which pays for entry to all titles in a season and is
limited to adults. It could be a children’s film club with a policy of only showing films that
are suitable for all by being rated ‘U’ by the BBFC. Alternatively, the organisers could
sell tickets to the public and ensure that children are only permitted to attend in
accordance with any age rating for the film – i.e. a door admissions policy linked to proof
of age.
Travelling Circuses
Where types of entertainment are present in a performance by a travelling circus they
will not be licensable provided that certain qualifying conditions are met. The qualifying
conditions are;
The entertainment is not an exhibition of a film or a boxing or wrestling
entertainment;
The entertainment takes place between 08.00hrs and 23.00hrs on the same
day;
The entertainment takes place wholly within a moveable structure and the
audience present is accommodated wholly inside that moveable structure; and
The travelling circus has not been located on the same site for more than 28
consecutive days.
Live Music
Live music is licensable -
Where a performance of live music – whether amplified or unamplified – takes
place before 08.00 or after 23.00 on any day;
Where a performance of amplified live music does not take place either on
relevant licensed premises, or at a workplace that is not licensed other than for
the provision of late night refreshment;
Where a performance of amplified live music takes place at a time when the
relevant licensed premises are not open for the purposes of being used for the
sale or supply of alcohol for consumption on the premises;
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Where a performance of amplified live music takes place at relevant licensed
premises, or workplaces, in the presence of an audience of more than 500
people; or
Where a licensing authority intentionally removes the effect of the deregulation
provided for by the 2003 Act when imposing a condition on a premises licence
or club premises certificate as a result of a licence review.
In any of the above circumstances, unless the performance of live music is appropriately
authorised by a premises licence, club premises certificate or TEN, allowing it to take
place could lead to enforcement action and, where relevant, a review of the alcohol
licence or certificate.
A public performance of live unamplified music that takes place between 08.00 and
23.00 on the same day no longer requires a licence under the 2003 Act in any location.
An exception to this is where a specific condition related to live music is included
following a review of the premises licence or club premises certificate in respect of
relevant licensed premises.
Key terms used in relation to live music
Under the live music provisions, “music” includes vocal or instrumental music or any
combination of the two. “Live music” is a performance of live music in the presence of
an audience which it is intended to entertain. While a performance of live music can
include the playing of some recorded music, ‘live’ music requires that the performance
does not consist entirely of the playing of recorded music without any additional
(substantial and continual) creative contribution being made. So, for example, a drum
machine or backing track being used to accompany a vocalist or a band would be part
of the performance of amplified live music. The performance of a DJ who is merely
playing tracks would not be classified as live music, but it might if he or she was
performing a set which largely consisted of mixing recorded music in a live performance
to create new sounds. There will inevitably be a degree of judgement as to whether a
performance is live music (or recorded music) and organisers of events should check
with their licensing authority if this consideration is relevant to whether the activity is
authorised by a licence or certificate. In the event of a dispute about whether a
performance is live music or not, it will be for the licensing authority initially and
ultimately, for the courts to decide in the individual circumstances of any case.
A “workplace” is as defined in regulation 2(1) of the Workplace (Health, Safety and
Welfare) Regulations 1992 and is anywhere that is made available to any person as a
place of work. It is a very wide term which can include outdoor spaces, as well as the
means of entry and exit.
A “relevant licensed premises” for the purposes of this chapter is one which is
authorised to sell or supply alcohol for consumption on the premises by a premises
licence or club premises certificate. Premises cannot benefit from the deregulation
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introduced by the 2012 Act by virtue of holding an authorisation for the sale or supply
of alcohol under a TEN.
Recorded Music
No licence is required for recorded music where it takes place on premises which are
authorised by a premises licence or club premises certificate to be used for the supply
of alcohol for consumption on the premises. However, recorded music remains
licensable
Where the playing of recorded music takes place before 08.00 or after 23.00 on
any day;
Where the playing of recorded music takes place at a time when the relevant
licensed premises are not open for the purposes of being used for the sale or
supply of alcohol for consumption on the premises;
Where the playing of recorded music takes place at a relevant licensed
premises in the presence of an audience of more than 500 people; and
Where a licensing authority intentionally removes the effect of the deregulation
provided for by the 2003 Act (as amended).
Plays and Dance
No licence is required for a performance of a play or dance to the extent that certain
qualifying conditions are satisfied. However a performance of a play or dance remains
licensable;
Where the performance takes place before 08.00 or after 23.00 on any day; or
Where the performance takes place in the presence of an audience of more
than 500 people.
Indoor Sport
No licence is required for an indoor sporting event to the extent that certain qualifying
conditions are satisfied. However an indoor sporting event remains licensable;
Where the performance takes place before 08.00 or after 23.00 on any day; or
Where the event takes place in the presence of more than 1000 spectators.
23.6 Licence Conditions
Live Music or Recorded Music
Any existing licence conditions (or conditions added on a determination of an
application for a premises licence or club premises certificate which relate to live music
or recorded music remain in place, but are suspended between the hours of 08.00 and
23.00 on the same day where the following conditions are met:
At the time of the music entertainment, the premises are open for the purposes of
being used for the sale or supply of alcohol for consumption on the premises;
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If the music is amplified, it takes place before an audience of no more than 500
people; and
The music takes place between 08.00 and 23.00 on the same day.
Whether a licence condition relates to live or recorded music will be a matter of fact in
each case. In some instances, it will be obvious that a condition relates to music and
will be suspended, for example “during performances of live music all doors and
windows must remain closed”. In other instances, it might not be so obvious: for
example, a condition stating “during performances of regulated entertainment all doors
and windows must remain closed” would be suspended insofar as it relates to music
between 08.00 and 23.00 on the same day to an audience of up to 500, but the condition
would continue to apply if there was regulated entertainment after 23.00.
More general licence conditions (e.g. those relating to overall management of potential
noise nuisance) that are not specifically related to the provision of entertainment (e.g.
signage asking patrons to leave quietly) will continue to have effect)
These conditions will, in effect, be suspended between 08.00 and 23.00 if a
performance of live music or the playing of recorded music takes place before an
audience of 500 people or fewer, but will remain on the face of the licence for when
these activities may take place under other circumstances.
Where a performance of live music or the playing of recorded music on relevant licensed
premises is not licensable, it remains possible for anyone to apply for a review of a
licence or certificate, if there are appropriate grounds to do so.
Beer Gardens
Beer gardens are often included as part of a premises licence or club premises
certificate. Live amplified music that takes place in a beer garden is exempt from
licensing requirements, provided the beer garden is included in the licence or certificate
applying to the relevant licensed premises, and the performance takes place between
08.00 and 23.00 on the same day before an audience of 500 people or fewer.
Where a beer garden does not form part of the relevant licensed premises and so is not
included in plans attached to a premises licence or club premises certificate, it is
nevertheless very likely that it will be a workplace.
Paragraph 12B of Schedule 1 to the 2003 Act says that a performance of live music in
a workplace that does not have a licence (except to provide late night refreshment) is
not regulated entertainment if it takes place between 08.00 and 23.00 on the same day
in front of an audience of no more than 500 people. Note that the exemption in
paragraph 12B does not apply to the playing of recorded music.
However, a licensing authority may, where justified, impose a licence condition that
relates to the performance of live music in an unlicensed beer garden being served by
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any associated premises licence or club premises certificate. Provided such a condition
is lawfully imposed, it takes effect in accordance with its terms.
Plays, dance and indoor sport
Where qualifying conditions are satisfied, any current licence condition that relates to a
performance of a play or dance, or an indoor sporting event for which a licence is no
longer required will (except in the circumstances described in the next paragraph) have
no effect.
Where, however, these non-licensable activities take place at the same time as other
activities for which a licence is required (e.g. the sale or supply of alcohol for
consumption on the premises), conditions included in a licence may nevertheless apply
to the non-licensable activities in the circumstances set out above.
Dance that is sufficiently sexual in nature continues to be regulated. Performances of
dance which are “relevant entertainment” within the meaning of the Local Government
(Miscellaneous Provisions) Act 1982 (“the 1982 Act”) are not deregulated, regardless
of the size of the audience or the time of day. “Relevant entertainment” is defined in the
1982 Act as a live performance or live display of nudity that, ignoring financial gain, can
be assumed to be provided solely or principally for the purpose of sexually stimulating
any member of the audience.
In almost all cases where a performance of dance is potentially licensable as both the
provision of relevant entertainment (under the 1982 Act) and regulated entertainment
(under the 2003 Act), the 1982 Act disapplies the entertainment licensing regime in the
2003 Act in favour of its stricter regime for the control of sex establishments. However,
an authorisation under the 2003 Act rather than the 1982 Act will continue to be required
where:
The premises are not licensed as a sex entertainment venue under the 1982 Act,
and
Relevant entertainment has been provided at those premises on no more than 11
occasions in any 12 month period, with none of those occasions lasting longer than
24 hours or taking place within a month of any such occasion.
Boxing or wrestling entertainment and conditions relating to combined fighting
sports
An indoor boxing or wrestling entertainment cannot also be an indoor sporting event,
and any contest, exhibition or display that combines boxing or wrestling with one or
more martial arts (‘combined fighting sports’) is – whether indoors or not – a boxing or
wrestling entertainment.
Where a premises licence or club premises certificate purports to authorise a boxing or
wrestling entertainment or combined fighting sports as an ‘indoor sporting event’, the
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2013 Order provides that the authorisation will be treated as having authorised those
activities as a boxing or wrestling entertainment. Those activities will continue to be
subject to any relevant conditions attached to that authorisation.
A contest, exhibition or display of Greco-Roman wrestling, or of freestyle wrestling,
between two participants (regardless of their sex) does not require a licence provided
that certain qualifying conditions are met. They are that:
It takes place in the presence of no more than 1,000 spectators;
It takes place between 08.00 and 23.00 on the same day; and
It takes place wholly inside a building and the spectators present at that
entertainment are accommodated wholly inside that building.
23.7 Conditions relating to other non-licensable activities
If appropriate for the promotion of the licensing objectives, and if there is a link to
remaining licensable activities, conditions that relate to non-licensable activities can be
added to or altered on that premises licence or club premises certificate at review
following problems occurring at the premises. This has been a feature of licence
conditions since the 2003 Act came into force. A relevant example could be the use of
conditions relating to large screen broadcasts of certain sporting events which,
combined with alcohol consumption, could create a genuine risk to the promotion of the
licensing objectives. It is also not uncommon for licence conditions relating to the sale
of alcohol to restrict access to outside areas, such as unlicensed beer gardens, after a
certain time.
Similarly, while karaoke no longer needs licensing as the provision of entertainment
facilities (and will generally be classed as a performance of live music) it might, for
example, be possible on review to limit the use or volume of a microphone made
available for customers on an ‘open-mic’ night (which encompasses more than just live
music), if a problem had occurred because of customers purchasing alcohol for
consumption on the premises becoming louder and less aware of causing noise
nuisance later in the evening. Another example might be a condition restricting access
to a dance floor at certain times, where the presence of customers in close proximity
who had been consuming alcohol on the premises had led to serious disorder. In the
first instance it is for the licensing authority to satisfy itself that a particular condition is
appropriate and lawful in each case.
23.8 Incidental music
The performance of live music or playing of recorded music is not regulated
entertainment under the 2003 Act if it is ‘incidental’ to another activity “which is not itself
a description of entertainment falling within paragraph 2” of Schedule 1 to the 2003 Act.
16.58 The incidental music exemption can apply to an indoor sporting event or a
performance of a play or dance for which no licence is required, as it takes place
between 08.00 and 23.00 on the same day and before an audience which does not
44
exceed the relevant limit. This is because such an activity is no longer a description of
entertainment within the meaning of paragraph 2 of Schedule 1 to the 2003 Act. This
means that, while a performance of live music or the playing of recorded music cannot
be incidental to a boxing or wrestling entertainment, such music may be within the scope
of the incidental music exemption for an indoor sporting event or performance of a play
or dance for which no licence is required.
Whether or not music is “incidental” to another activity will depend on the facts of each
case. In considering whether or not live or recorded music is incidental, one relevant
factor could be whether, against a background of the other activities already taking
place, the addition of music will create the potential to undermine the promotion of one
or more of the four licensing objectives of the 2003 Act. Other factors might include
some or all of the following:
Is the music the main, or one of the main, reasons for people attending the premises
and being charged?
Is the music advertised as the main attraction?
Does the volume or the music disrupt or predominate over other activities, or could
it be described as ‘background’ music.
Conversely, factors which would not normally be relevant in themselves include:
The number of musicians, e.g. an orchestra providing incidental music at a large
exhibition;
Whether musicians are paid;
Whether the performance is pre-arranged; and
Whether a charge is made for admission to the premises.
In any disputed case, it will be for the licensing authority initially and, ultimately, for the
courts to consider whether music is “incidental” in the individual circumstances of any
case.
23.9 Removing licence conditions
On a review of a premises licence or club premises certificate, section 177A(3) of the
2003 Act permits a licensing authority to lift the suspension and give renewed effect to
an existing condition relating to music. Similarly, under section 177A(4), a licensing
authority may add a condition relating to music as if music were regulated
entertainment, and as if that premises licence or club premises certificate licensed the
music. In both instances the condition should include a statement that Section 177A
does not apply to the condition.
An application for a review in relation to relevant premises can be made by a licensing
authority, any responsible authority or any other person. Applications for review must
still be relevant to one or more of the licensing objectives and meet a number of further
requirements.
45
23.10 Busking
Busking or street performance is the practice of performing in public spaces for money.
Performances are not limited to music or singing and can take the form of a wide range
of activities that people find entertaining.
Busking is generally not licensable under the 2003 Act as
It often occurs in a place that is not a premises made available (at least in part) for
the purposes of providing entertainment.
The entertainment is usually incidental to another activity, such as shopping or
sightseeing, as there are few circumstances in which anyone would go out
specifically to watch buskers; and
Any unamplified live music is not licensable between 08.00 and 23.00.
23.11 Incidental Film
An exhibition of a film within the meaning of paragraph 15 of Schedule 1 to the 2003
Act is not regulated entertainment if it is ‘incidental’ to another activity “which is not itself
a description of entertainment falling within paragraph 2” of Schedule 1 to the 2003 Act.
The incidental film exemption can apply to an indoor sporting event or a performance
of a play or dance for which no licence is required as it takes place between 08.00 and
23.00 on the same day before an audience which does not exceed the relevant limit.
Such activities would no longer be a description of entertainment within the meaning of
paragraph 2 of Schedule 1 to the 2003 Act
This means that, while any exhibition of moving pictures cannot be incidental to a boxing
or wrestling entertainment, such film displays may be within the scope of the incidental
film exemption for an indoor sporting event or performance of a play or dance for which
no licence is required.
Whether or not an exhibition of moving pictures is “incidental” to another activity will
depend on the facts of each case. In considering whether or not film is incidental, one
relevant factor could be whether, against a background of the other activities already
taking place, the addition of an exhibition of moving images will create the potential to
undermine the promotion of one or more of the four licensing objectives of the 2003 Act.
This would mean that if the BBFC or the relevant licensing authority has given an age
rating to a film, video, or music video, then to qualify for the “incidental film” licensing
exemption, the admission of children to the premises will need to be restricted in
accordance with the appropriate age rating. But that is one aspect of one relevant factor.
Other factors to consider in assessing whether film is incidental might include some or
all of the following:
Is the film the main, or one of the main, reasons for people attending the premises
and being charged?
Is the film advertised as the main attraction?
46
Does the screening of the film predominate over other activities, or could it be
described as ‘background’ images?
Does the appearance of moving pictures within another entertainment activity, for
which no licence is required (e.g. a performance of a play or dance), undermine the
promotion of the licensing objectives?
23.12 Entertainment activity provided as part of childcare
Entertainment activity that is provided as part of childcare will generally not be
licensable. This includes entertainment activity in a nursery or private home. In addition,
paragraph 5 of Schedule 1 to the 2003 Act includes a licensing exemption for an
exhibition of a film where the main purpose is to provide education. Education will
generally include all forms of pre-school child and day care. Furthermore, an exhibition
of a film, or the playing of live or recorded music, will generally be incidental to the
activity of childcare and so the incidental music and film exemption in paragraph 7 of
Schedule 1 will also apply. This will generally be the case for any entertainment activity
organised as part of wraparound childcare, including breakfast clubs, after school clubs
or holiday clubs linked to the child’s school or based in the local community.
23.13 Child Performers
Child performance legislation requires that a licence must be obtained from a child’s
home local authority before a child can take part in certain types of performance and
activities. A licence may be required whether or not any payment is made for the child
to perform. The deregulation of entertainment licensing does not alter the regulations
on when children can take part in performances. For further information on the licence
for Child Performers contact the Education Welfare Officer of the Council.
24. 24. Administration
The council’s licensing team administer all aspects of the Licensing Act 2003, including
applications, representations and requests for assistance and advice. The council’s
website has detailed information on all of the services it offers for licensees, applicants,
complainants and all other enquiries. Application information and forms can be
downloaded from our website. The licensing teams can be contacted by any of the
following means:-
47
Licensing Section
Newport City Council,
Licensing,
PO BOX 883,
Civic Centre,
Godfrey Road,
Newport.
NP20 4UR
Tel: 01633 656656
Email: [email protected]
Website: www.newport.gov.uk/licensing
25. 25. Application procedures
25.1 Prospective applicants are strongly recommended to seek pre-application advice.
Advice on the application process will be given, but at no stage will the Licensing
Authority complete the application form on behalf of an applicant. The council’s website
has detailed information on all of the services it offers for licensees, applicants,
complainants and all other enquiries. In addition the website can be used to search
existing licences to view activities, times and conditions and is available at
www.newport.gov.uk/licensing
25.2 In accordance with the Provision of Services Regulations 2009, electronic application
facilities for premises licences are available and may be found on GOV.UK or
www.newport.gov.uk/licensing. Electronic applications for other categories of licence
and authorisations are also available on these sites. Applications made in electronic
form or via GOV.UK will be sent to the responsible authorities by the licensing authority.
If the applicant submits their application in writing, they will remain responsible for
copying it to the responsible authorities.
25.3 Details of applications are available via Newport City Council website at
www.newport.gov.uk/licensing
25.4 Applications for all licences and authorisations available under the 2003 Act must be
made on the relevant form prescribed under secondary regulations. Applications will
not be progressed until the form has been completed in full and received, together with
the relevant fee(s) and all other required information, by the Licensing Authority and the
relevant responsible authorities.
25.5 Where electronic applications are made, the application will be taken to be ‘given’ when
the applicant has submitted a complete application form and submitted the fee.
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25.6 The Responsible Authorities are:
Responsible Authority Contact details
Licensing Authority Newport City Council,
Licensing,
PO BOX 883,
Civic Centre,
Godfrey Road,
Newport.
NP20 4UR
Tel: 01633 656656
Email:
Website: www.newport.gov.uk/licensing
Environmental Health Authority Environmental Health
Newport City Council
Civic Centre
Godfrey Road
Newport
South Wales
NP20 4UR
Tel: 01633 656656
Email:
Health and Safety Environmental Health
Newport City Council
Civic Centre
Godfrey Road
Newport
South Wales
NP20 4UR
Tel: 01633 656656
Email:
49
Trading Standards Trading Standards
Newport City Council
Civic Centre
Godfrey Road
Newport
South Wales
NP20 4UR
Tel: (01633) 656656
Child Protection Authority Children & Family Services
Newport City Council
Room 208 W
Civic Centre
Newport
NP20 4UR
Tel: (01633) 656656
Email: [email protected]
Planning Authority Planning Services Newport City Council Civic Centre Newport South Wales NP20 4UR Tel: (01633) 656656 Email: [email protected]
Heddlu Gwent Police The Chief Officer of Police
FAO The Licensing Officer
Heddlu Gwent Police
East LPA Licensing Team
Cardiff Road
Newport
NP20 2EH
Tel: (01633) 245229 or (01633) 245249
Email:
South Wales Fire & Rescue Service South Wales Fire & Rescue Service,
Forest View Business, Llantrisant,
Pontyclun CF72 8LX.
Public Health Executive Director of Public Health –
Alcohol Licensing Lead, Aneurin Bevan
Gwent Public Health Team, St Cadocs
Hospital, Headquarters Building, Lodge
Road, Caerleon NP18 3XQ.
50
uk
Home Office
(Immigration Enforcement)
Home Office Alcohol Licensing Team,
Lunar House, 40 Wellesley Road,
Croydon CR9 2BY.
Vessels only The Consultee is dependent on the
waterway that that licence is requested
within the County and as such refer to
environment.licensding.gov.uk for
assistance on who to consult.
25.7
The steps for consideration of licensing application, a licensing variation and a club
premises certificate are:
a) If no representations are made to an application, the Authority must grant it in full.
Please see our website for further information www.newport.gov.uk/licensing.
b) When an application is made, and relevant representation are made to the Authority
it must hold a hearing of the Licensing Sub-Committee (unless those who have
made representations agree in advance that this is unnecessary).
c) The Licensing Sub-Committee will then consider the evidence provided by
applicants and by those making representations, the legislation and accompanying
Guidance, the Statement of Licensing Policy and any other relevant data.
d) The Licensing Sub-Committee will determine the application and will take any steps
it considers appropriate for the promotion of the licensing objectives.
e) Conditions on the licence, additional to those voluntarily offered by the applicant,
may be considered. Appropriate conditions will focus on matters which are within
the control of individual licensees and which also relate to the premises or places
being used for licensable activities and the impact of those activities in the vicinity.
If situations arise where the licensing objectives are compromised but cannot be
dealt with by the use of appropriate conditions the Licensing Authority will consider
whether it is appropriate for a licence to be issued or for the premises to continue
in operation.
25.8 Conditions on a licence:
Must be appropriate for the promotion of the licensing objectives;
Must be precise and enforceable;
Must be unambiguous and clear in what they intend to achieve;
Should not duplicate other statutory requirements or other duties or responsibilities
placed on the employer by other legislation;
51
Must be tailored to the individual type, location and characteristics of the premises
and events concerned;
Should not be standardised and may be unlawful when it cannot be demonstrated
that they are appropriate for the promotion of the licensing objectives in an
individual case;
Should not replicate offences set out in the 2003 Act or other legislation;
Should be proportionate, justifiable and capable of being met;
Cannot seek to manage the behaviour of customers once they are beyond the direct
management of the licence holder and their staff, but may impact on the behaviour
of customers in the immediate vicinity of the premises or as they enter or leave; and
Should be written in a prescriptive format.
25.8 Individuals applying for a personal licence must be entitled to work in the UK. The
Immigration Act 2016 amended the Licensing Act 2003 with effect from 6 April 2017 so
that an application made on or after that date by someone who is not entitled to work in
the UK must be rejected. Licences must not be issued to people who are illegally
present in the UK, who are not permitted to work, or who are permitted to work but are
subject to a condition that prohibits them from doing work relating to the carrying on of
a licensable activity. In order to discharge this duty, the Authority must be satisfied that
an applicant has the right to work in the UK, to demonstrate that the applicant has
permission to be in the UK and that they are permitted to undertake work in a licensable
activity. This also applies to individuals who apply for premises licences. The purpose
of this is to prevent illegal working in the UK.
25.9 A person is also disqualified from holding a licence if they are subject to a condition on
their permission to be in the UK preventing them from holding a licence, for example if
they are subject to an immigration restriction that does not permit them to work.
26. 26. Operating schedule
26.1 All new and variation applications should incorporate an ‘operating schedule’ which
outlines how the premises will be operated. This should include details of how the
applicant will promote the four licensing objectives and reduce any potential negative
impact from the operation of their business on the local community, depending on the
type of premises, location and profile of customers. The proposals contained in the
operating schedule will form the main body of the conditions to be applied to the licence,
together with any applicable mandatory conditions, any conditions agreed with
responsible authorities during the application process and any conditions imposed by a
licensing sub-committee where representations have been made.
26.2 In completing an operating schedule, applicants are expected to have regard to this
statement of licensing policy and to demonstrate suitable knowledge of their local area
when describing the steps that they propose to take in order to promote the Licensing
Objectives.
52
26.3 The Licensing Authority will provide general advice on the drafting of operating
schedules and applicants are strongly recommended to discuss their operating
schedules with the Licensing Authority and other Responsible Authorities prior to
submitting them.
26.4 The complexity and detail required in the operating schedule will depend upon the
nature and use of the premises concerned. For premises such as a public house where
regulated entertainment is not provided, only a relatively simple document may be
required. However for an operating schedule accompanying an application for a major
entertainment venue or event, it will be expected that issues such as public safety and
the prevention of crime and disorder will be addressed in detail
26.5 The operating schedule must be set out on the prescribed form and include a statement
of the following:-
Full details of the licensable activities to be carried on at and the intended use
of the premises;
The times during which the licensable activities will take place;
Any other times when the premises are to be open to the public;
Where the licence is only required for a limited period, that period;
Where the licensable activities include the supply of alcohol, the name and
address of the individual to be specified as the designated premises
supervisor;
Whether alcohol will be supplied for consumption on or off the premises or
both;
The steps which the applicant proposes to promote the Licensing Objectives.
26.6 For some premises, it is possible that no measures will appropriate to promote one or
more of the Licensing Objectives, for example, because they are adequately covered
by other existing legislation. It is however important that all operating schedules should
be:
Precise and enforceable
Be unambiguous
Not to duplicate other statutory provisions
Be clear in what they intend to achieve, and
Be appropriate, proportionate and justifiable.
53
26.7 To assist applicants the authority has provided a Code of good practice for licenced
premises, the current code can be found in Appendix A of this policy. It should be noted
the code does not form any part of this policy and the guidance and examples of control
measures are simply given to assist applicants in preparing operating schedules and
the on-going running of a licenced premises. The code is not exhaustive and is not to
be regarded in any way as standard conditions or mandatory requirements.
27. 27. Conditions
27.1 The Licensing Act 2003, as amended, imposes a number of mandatory conditions on
licences. The council has the power to impose additional conditions if they consider
that they are appropriate for the promotion of the licensing objectives.
27.2 Conditions attached to licences or certificates will be tailored to the individual style and
characteristics of the particular premises, activities and/or events provided at the
premises. The policy does not provide for any standard, general or blanket conditions,
and will not impose disproportionate and burdensome requirements.
27.3 Applicants may offer conditions in the operating schedule as part of their application;
the council may remove or reword any of these conditions if they are considered to be
unclear, ambiguous or unenforceable, with the agreement of the applicant. This will
ensure that all parties fully understand their responsibilities to promote the licensing
objectives.
27.4 The council recognise that they can only impose conditions were relevant
representations are received and it is considered appropriate for the promotion of the
licensing objectives. Where a responsible authority gives evidence that it is appropriate
to impose specific conditions the request will be considered by the council who may
suggest the wording of the condition to ensure that it is clear, relevant and enforceable.
27.5 When attaching conditions, the council will also be aware of the need to avoid measures
that might deter live music, dancing or theatre by imposing costs of a substantial nature,
that are not in proportion to the risks.
28. 28. Applications where representations are received
28.1 When an application is made for the grant, variation or review of a premises licence or
club premises certificate, representations about the application can be made by
responsible authorities or other persons. However the Licensing Authority will usually
give greater weight to representations that are made by people who can demonstrate
54
that they would be directly affected by the carrying on of licensable activities at the
premises concerned.
28.2 Representations must be made to the Licensing Authority within the statutory period of
28 days beginning on the day after the relevant application is received by the Licensing
Authority. Representations must be made in writing.
28.3 Representations can be made either be in support of an application or to express
objections to an application being granted. However the Licensing Authority can only
accept “relevant representations.” A representation is “relevant” if it relates to the likely
effect of the grant of the licence on the promotion of at least one of the Licensing
Objectives
28.4 An example of a representation that would not be relevant would be a representation
from a local business person about the commercial damage that competition from a
new licensed premise would do to their own business. On the other hand, a
representation by a business person that nuisance caused by new premises would
deter customers from entering the local area, and the steps proposed by the applicant
to prevent that nuisance were inadequate, would be a relevant representation.
28.5 In other words, representations should relate to the impact of licensable activities
carried on from premises on the Licensing Objectives.
28.6 For representations in relation to variations to be relevant, they should be confined to
the subject matter of the variation.
28.7 Whilst the Licensing Authority expects representations to be evidence based, there is
no requirement for a Responsible Authority or other person to produce a recorded
history of problems at premises to support their representations, and it is recognised
that in fact this would not be possible for new premises.
28.8 Responsible authorities are a group of public bodies that must be fully notified of
applications and that are entitled to make representations to the Licensing Authority in
relation to the application for the grant, variation or review of a premises licence or club
premises certificate. A full list of contact details for the responsible authorities is
provided on the Licensing Authority’s website.
28.9 Whilst all responsible authorities may make representations regarding applications for
licences and club premises certificates and full variation applications, it is the
responsibility of each Responsible Authority to determine when they have appropriate
grounds to do so.
28.10 The Licensing Authority recognises that every Responsible Authority can make
representations relating to any of the four Licensing Objectives. However the Licensing
Authority would normally expect representations about the promotion of individual
Licensing Objectives to come from the most relevant Responsible Authority with
55
expertise in that particular area. For example the Licensing Authority would expect
representations about the prevention of crime and disorder to come primarily from the
police and representations about the prevention of public nuisance to come primarily
from environmental health.
28.11 The Licensing Authority recognises that the police should be its main source or advice
on matters relating to the promotion of the crime and disorder licensing objective, but
also may be able to make relevant representations with regards to the other Licensing
Objectives if they have evidence to support such representations.
28.12 The Licensing Authority will accept all reasonable and proportionate representations
made by the police unless it has evidence that do so would not be appropriate for the
promotion of the Licensing Objectives. However the Licensing Authority will still expect
any police representations to be evidence based and able to withstand scrutiny at a
hearing.
28.13 The Licensing Authority recognises Newport City Council children’s services as being
the body that is competent to advise it on the licensing objective of the protection of
children from harm.
28.14 The Licensing Authority recognises that, although public health is not a licensing
objective, health bodies may hold information which other responsible authorities do
not, but which would assist the Licensing Authority in exercising its functions.
28.15 For example, drunkenness can lead to accidents and injuries from violence, resulting in
attendances at emergency departments and the use of ambulance services. Some of
these incidents will be reported to the police, but many will not. Such information might
be relevant to the public safety objective and in some cases the crime and disorder
objective.
28.16 As a result of the Police Reform and Social Responsibility Act 2011, the Licensing
Authority is also now a Responsible Authority and can therefore make representations
if it deems it appropriate to do so.
28.17 However the Licensing Authority will not normally act as a Responsible Authority on
behalf of other parties (for example, local residents, local councillors or community
groups) although there are occasions where the authority may decide to do so.
28.18 Such parties can make relevant representations to the Licensing Authority in their own
right, and the Licensing Authority expects them to make representations themselves
where they are reasonably able to do so.
28.19 The Licensing Authority also expects that other responsible authorities should intervene
where the basis for the intervention falls within the remit of that other Responsible
Authority. Each Responsible Authority has equal standing under the 2003 Act and may
56
act independently without waiting for representations from any other Responsible
Authority.
28.20 In cases where a Licensing Authority is also acting as Responsible Authority in relation
to the same process, the Licensing Authority will seek to achieve a separation of
responsibilities within the authority to ensure procedural fairness and eliminate conflicts
of interest. This will be achieved by allocating the different responsibilities to different
licensing officers or other officers within the local authority to ensure a proper separation
of responsibilities.
28.21 Relevant representations about applications can also be made by any other person,
regardless of their geographical position in relation to the relevant premises. However
the Licensing Authority will usually give greater weight to representations that are made
by people who can demonstrate that they would be directly affected by the carrying on
of licensable activities at the premises concerned.
28.22 The Licensing Authority will also reject as invalid, any representations from other
persons that are deemed to be frivolous or vexatious. A representation might be
considered to be vexatious if it appears to be intended to cause aggravation or
annoyance, whether to a competitor or other person, without reasonable cause.
Frivolous representations are essentially categorised by a lack of seriousness. Frivolous
representations would concern issues which, at most, are minor and in relation to which
no remedial steps would be warranted or proportionate.
28.23 Decisions as to the validity of representations will normally be made by officers of the
Licensing Authority. In borderline cases, the benefit of the doubt about any aspect of a
representation will be given to the person making that representation. The subsequent
hearing would then provide an opportunity for the person or body making the
representation to amplify and clarify it.
28.24 The Licensing Authority will accept petitions, but there are some important factors to
consider before organising a petition:
We ask that the organiser of the petition identify himself or herself as a central point
of contact. We may need to make contact in order to verify certain matters if we are
unable to do this it could invalidate the petition.
Each page of the petition should contain information as to the purpose of the
petition so that all persons know what they are signing.
Full names and addresses must be supplied
All signatories must be made aware that a copy of the petition will be supplied to
the applicant and a copy will be contained within the committee papers, so their
personal details will become public knowledge.
We will not write to each signatory separately, but instead assume that the organiser
will advise each signatory of the hearing date and the final outcome of the application.
It is expected that the organiser will represent the signatories at the hearing and to
57
speak for them. When making a decision, the Licensing Authority will give appropriate
weight to a petition. Those wishing to make representations should appreciate that the
quality of the representations we receive is an important consideration when making a
decision.
28.25 Any person who is aggrieved by a rejection of their representations on either of these
grounds may lodge a complaint through the authority’s corporate complaints procedure.
A person may also challenge such a decision by way of judicial review.
28.26 Where a notice of a hearing is given to an applicant, the Licensing Authority is required
to provide the applicant with copies of the relevant representations that have been
made.
28.27 The Licensing Authority will normally provide copies of the relevant representations to
the applicant in full and without redaction. However in exceptional circumstances, where
a person satisfies the Licensing Authority that they have genuine reasons to fear
intimidation or violence if their personal details, such as name and address, are divulged
to the applicant, the copies of the representations may be redacted accordingly.
28.28 In such circumstances the Licensing Authority will still provide some details to the
applicant (such as street name or general location within a street), so that the applicant
can fully prepare their response to any particular representation.
28.29 Alternatively persons may wish to contact the relevant Responsible Authority or their
local Councillor with details of how they consider that the Licensing Objectives are being
undermined so that the Responsible Authority can make representations on their behalf
if appropriate and justified.
28.30 Further guidance on making representations is provided on the Licensing Authority’s
website.
29. 29. Exercise and delegation of functions
29.1 The Licensing Act 2003 requires local authorities to act as the Licensing Authority and
to set up a Licensing Committee to be responsible for all matters relating to the
Licensing Act 2003. The Licensing Committee further delegate to Licensing Sub
Committees (Panels), or by one or more officers acting under delegated authority.
29.2 It is considered that many of the functions will be largely administrative in nature with
no perceived areas of contention. In the interests of efficiency and cost effectiveness
these will, for the most part, be carried out by officers. The Licensing Authority, when
acting as a Responsible Authority commenting on Licence applications, will have
separate roles for officers. One member of staff will be required to administer the
application and another member of staff will act as the Responsible Authority making
comments on the application.
58
29.3 The Schedule below sets out the presumed delegation of functions and decisions.
Notwithstanding this presumption of delegation, the Council reserves the right to refer
any matter to the Licensing Committee or sub-committee.
29.4 Schedule of delegation of licensing functions and decisions
Matter to be dealt with Licensing
Committee
Licensing
Sub-
Committee
(panels)
Officers
Application for personal
licence
If a police
objection If no objection made
Application for a
personal licence with
unspent convictions
All cases
Application for
premises licence/club
premises certificate
If a relevant
representation
made and not
withdrawn
If no relevant
representation made
or representation
withdrawn
Application for
provisional statement
If a relevant
representation
made and not
withdrawn
If no relevant
representation made
or representation
withdrawn
Application to vary
premises licence/club
premises certificate
If a relevant
representation
made and not
withdrawn
If no relevant
representation made
or representation
withdrawn
Application to vary
designated premises
supervisor
If a police
objection All other cases
Application for a minor
variation All cases
Application to vary a
licence on a community
premises to include
alternative licence
condition
If police
objection All other cases
Request to be removed
as designated premises
supervisor
All cases
59
Application for transfer
of premises licence
If a police
objection All other cases
Application for interim
authorities
If a police
objection All other cases
Application to review
premises licence/club
premises certificate
All cases
Decision on whether a
complaint is irrelevant
frivolous vexatious etc.
All cases
Determination of a
police or environmental
health objection to a
temporary event notice
In all cases if
not withdrawn.
Suspension of licences
following non-payment
of annual fees
All Cases
30. 30. Reviews of licences
30.1 The Council can only review a licence where it is alleged by a “responsible authority",
or other person that the licensing objectives are being breached. Responsible
authorities will aim to give licence holders early warning of any concerns identified at
the premises. Only responsible authorities or other persons (e.g. local residents, local
organisations and councillors) can apply for the review of a licence; and determine its
outcome at a hearing where an evidential basis for allegations made will be submitted.
It views particularly seriously applications for the review of any premises licence which
involves the:
use of licensed premises for the sale and distribution of controlled drugs and
the laundering of the proceeds of drugs crimes;
use of licensed premises for the sale and distribution of illegal firearms;
evasion of copyright in respect of pirated films and music;
underage purchase and consumption of alcohol;
use of licensed premises for prostitution or the sale of unlawful pornography;
use of licensed premises for unlawful gaming;
use of licensed premises as a base for organised criminal activity;
use of licensed premises for the organisation of racist, homophobic or sexual
abuse or attacks;
use of licensed premises for the sale of smuggled tobacco or goods;
use of licensed premises for the storage or sale of stolen goods;
the police being frequently called to attend to incidents of disorder;
prolonged and/or repeated instances of public nuisance;
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serious risk to public safety have been identified and the management is unable
or unwilling to correct;
Serious risk to children.
30.2 The Licensing Sub-committee will consider all evidence provided at the hearing and
apply appropriate weight to that evidence when making their decision.
30.3 The licensing sub-committee will consider all of the sanctions available to it provided
for in the Act and guidance, including taking no action if appropriate. In cases where a
licensing objective is seriously undermined, that revocation of the licence, even in the
first instance, will be considered where appropriate to ensure the licensing objectives
are promoted.
30.4 In cases where a licensing objective is seriously undermined, the revocation of the
licence, even in the first instance, will be seriously considered where appropriate to
ensure the licensing objectives are promoted.
31. 31. Cumulative Impact Assessment & Newport Stress Area(s)
31.1 Under the Licensing Act 2003, Licensing Authorities have the power to introduce a
cumulative impact policy where there is evidence showing that a significant number of
licensed premises concentrated in one area has led to an increase in; Crime and
disorder, Public nuisance or to both. Where adopted, a Cumulative Impact Policy creates
a rebuttable presumption that applications for new premises licences, or club premises
certificates or variations, that are likely to add to the existing cumulative impact will
normally be refused
31.2 The Statutory Guidance sets out the steps to be followed when considering whether to
adopt a special policy within the Policy these include –
a) Identify concern about crime and disorder; public safety; public nuisance; or
protection of children from harm
b) Consider whether there is good evidence that crime and disorder or nuisance are
occurring, or whether there are activities which pose a threat to public safety or the
protection of children from harm.
c) If such problems are occurring, identify whether these problems are being caused
by the customers of licensed premises, or that the risk of cumulative impact is
imminent.
d) Identify the boundaries of the area where problems are occurring.
e) Consult with those specified by Section 5(3) of the Licensing Act and subject to the
outcome of that consultation, include and publish details of any special policy in the
licensing policy statement.
31.3 In April 2018, Section 141 of the Policing and Crime Act 2018 introduced a new Section
5A to the Licensing Act 2003 relating to Cumulative Impact Assessments (CIA). Before
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an Impact assessment area can be introduced the Authority must give reasons why they
are considering a CIA, what part(s) they are considering to be a CIA and whether it
considers the CIA applies to all licences or those of a particular kind. As such, the
Authority must conduct a thorough assessment and if a CIA is introduced it must be
reviewed at least every 3 years.
31.4 Having taken into account the Statutory Guidance, an assessment in line with 31.3 above
and guidance from Gwent Police, it has been determined to remove Newport City Centre
Cumulative Impact area from its licensing policy.
31.5 The licensing authority recognises there are a number of existing measures available that are relevant to tackling unlawful and anti-social behaviour associated with licensed premises, including:
Planning controls
Positive measures to create a safe and clean environment in partnership with local businesses, transport operators and other departments of the local authority
The provision of CCTV surveillance, taxi ranks, provision of public conveniences open late at night, street cleaning and litter patrols
Powers of local authorities to designate parts of the local authority area as places where alcohol may not be consumed publicly.
The confiscation of alcohol from adults and children in designated areas
Police enforcement of the general law concerning disorder and antisocial behaviour, including the issue of fixed penalty notices
Prosecution for the offence of selling alcohol to a person who is drunk (or allowing such a sale) – Police powers to close down instantly for up to 24 hours (extendable to 48 hours) any licensed premises or temporary event on grounds of disorder, the likelihood of disorder, or noise emanating from the premises causing a disturbance.
Robust conditions on the licence promoting the four licensing objectives.
The power of the police, or other responsible authorities or any person to seek a review of the licence or certificate.
Regular monthly Responsible Authority meetings, for interested parties to comment on, and providing an action plan, when dealing with problematic premises and areas.
Newport Stress Area(s)
However, having regard to the levels of crime and disorder and public nuisance within
Newport City Centre there is still evidence that the promotion of the licensing objectives
within an identified area of Newport City Centre is being undermined as a consequence
of the operation of licensed premises in the area.
The licensing authority considers that although the levels of problems do not currently
justify the implementation / renewing of a cumulative impact area, the area is of a
concern and will be kept under very close review.
Therefore, in retracting the historic Communitive Impact area the Council has
determined to adopt a Special Policy for the City Centre which shall be known as the
“City Centre Stress Area”; this area is identified on the map in Appendix A of this
Licensing Policy.
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The Licensing authority does not wish to see an increase in antisocial behaviour, however the authority does wish to diversify the night-time economy and continue to regenerate the city centre. The Council aim is to promote an ‘inclusive’ evening and night-time economy throughout the city to ensure people of all ages can participate in and enjoy a range of activities through a diverse array of licensed premises, not simply focused on the consumption of alcohol.
Where an application is located within a Special Policy Stress area, all parties are expected to have due regard to it. The licensing authority’s discretion to determine the application shall be engaged upon the receipt of relevant representations and the respective Special Policy shall be the starting point when doing so. No Special Policy is absolute and the licensing authority will always consider the circumstances of the case and whether there are exceptional circumstances to justify departing from the Special Policy. Where no representations are received for an application within a Special Policy area, the application will be granted as applied for. Applicants are expected to demonstrate an understanding of the Policy; how the Policy impacts on their application; any measures they will take to mitigate the impact; and why they consider the application should be an exception to the Policy.
New and variation applications for premises and club premises certificates within the
“City Centre Stress” area will not be subject to the presumption of refusal, but operators
will be expected to pay very special attention when drawing up their operating
schedules and to make positive proposals to ensure that their operation will not add to
the problems faced in these areas. It is strongly recommended to discuss the
application with the Licensing Authority before submitting an application.
On receipt of any application in the City Centre Stress area, where a relevant
representation has been made, the licensing authority will scrutinise the application
carefully and will look at the measures proposed in the operating schedules.
The adoption of Stress area(s) policy takes into consideration paragraph 10.13 of the
Government’s statutory Guidance, which recognises that different licensing strategies
may be appropriate for the promotion of the licensing objectives in different areas and
that licensing authorities are best placed to make decisions about appropriate opening
hours in their areas based on their local knowledge and in consultation with responsible
authorities.
With the above in mind, the following approach for new licences and material variations,
where relevant representations have been made, shall be taken:
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Type of
Premises
Alcohol Licensing Hours /
Other Licensing Activities
Restaurant
Alcohol Licensing Hours
07:00- 00:30hrs
Other Licensing Activities
08:00- 00:30hrs
Café Alcohol Licensing Hours
07:00- 00:30hrs
Other Licensing Activities Midnight
08:00- 00:30hrs
Late Night
Takeaways / Fast
Food Outlet.
Late Night Refreshment
Sunday- Thursday 23:00-2:30am
Friday- Saturday 23:00-03:00am
Night Club /
Sexual
Entertainment
Venue
Alcohol Licensing Hours
Sunday-Thursday 07:00- 3:00am
Friday-Saturday 07:00-3.30am
Other Licensing Activities
Sunday-Thursday 08:00- 3:30 am
Friday-Saturday 08:00- 4:00am
(Additional Measures last entry to Night Club / Sexual
Entertainment 2:00am)
Pub / Bars Alcohol Licensing Hours
Sunday- Thursday 07:00-2:00 am
Friday-Saturday 07:00-2:30am
Other Licensing Activities
Sunday –Thursday 08:00-2:00am
Friday-Saturday 08:00-2:30am
Non-Alcohol lead
This may include:
• Cinemas
• Theatres
In general, will be granted a licence in line with trading hours.
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•Bowling alleys,
hairdressers,
florists
• Art galleries.
• Workplace Bar
solely for use of
employees of the
premises
Hotel Alcohol Licensing Hours
07:00-02:00am
Or 24 hours to residents of hotel
Other Licensing Activities
08:00- 02:00am
Late Night Refreshment for residents of hotel 23:00hrs till
05:00hrs
Off Licence Alcohol Licensing Hours
07:00-23:00pm
Members Clubs Alcohol Licensing Hours
07:00-2:30am
Other Licensing Activities
08:00-2:30am
Outdoor Events
Alcohol Licensing Hours
07:00-10:30pm
Other Licensing Activities
08:00-23:00pm
It is imperative to stipulate No Special Policy is absolute and the licensing authority
will always consider the circumstances of the case and whether there are exceptional
circumstances to justify departing from the Special Policy in light of the individual
circumstances of the case. Though exceptions will only be made where the applicant
proves that the grant would not harm the Licensing objectives.
Matters such as;
longer hours will create slower dispersal;
history of good management;
Character of the applicant
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premises are well run;
size of the proposal;
alcohol is not sold;
clientele are a cut above the usual;
A neighbouring premises has longer hours;
Will not be considered exceptional circumstances and the policy is intended to be strictly
applied.
Where no representations are received for an application within a Special Policy area,
the application will be granted as applied for. Applicants are expected to demonstrate
an understanding of the Policy; how the Policy impacts on their application; any
measures they will take to mitigate the impact; and why they consider the application
should be an exception to the Policy.
Existing licensees who wish to materially alter and/or extend the premises to which the
authorisation relates are required to seek a new authorisation. This is because the Act
prohibits the use of a variation application to substantially alter the premises to which
the authorisation relates.
Where the only change is to the physical extent or material layout of the premises
themselves (i.e. in the absence of additional features such as change in style of
operation, capacity etc) it is highly unlikely this would trigger the special policy, but of
course this policy cannot restrict the right of any responsible authority or interested party
to make relevant representations in that regard and if such are forthcoming they will be
diligently considered. Where other change is envisaged then the presumption may
arise. Applicants in such circumstances are entitled to seek a Provisional Statement.
32. 32. Early morning restriction orders
32.1 The Authority considered the implications this would have on the night time economy
and recognise that the restriction would apply to alcohol sales and not entertainment. It
looked at the balance of providing a vibrant community and the negativity of alcohol
related crime and disorder and anti-social behaviour. It also looked at the current
measure in place to deal with such matters.
32.2 An EMRO restricts the time within which alcohol can be supplied. Alcohol supply can
be prohibited between 0000-0600 and applies to Premises Licences, Club Premises
Certificates and Temporary Event Notices. There are no exceptions save that which
authorise supply of alcohol to residents with overnight accommodation via minibars and
room service;
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32.2 The Authority considered all of the above and resolved not to adopt an EMRO.
However, the Authority will consider this approach if at any point it becomes appropriate
and necessary and will conduct a full consultation before the provision is considered
33. 33. Hearings
33.1 Applications for licences and certificates will be determined following consultation with
relevant responsible authorities. Where no representations are received, they will be
issued administratively by the Licensing Team, however, contentious applications must
be referred to the Council’s Licensing Sub-Committee (panel) for determination, unless
it is agreed by all parties that a hearing is not necessary.
33.2 The period of notice of a hearing that must be given to all relevant parties, and the
information which may be disclosed, varies depending on the type of application,
subject to regulations. A Licensing Sub-Committee (panel) of three Elected Members
will determine a contentious application and will either grant a licence, grant a licence
with amendments or refuse an application. Any party can appeal against the Council’s
decision to a Magistrates’ Court.
33.3 At any time during the period of a licence, any responsible authority or other person can
ask for the review of a licence or certificate. All review applications will be determined
by the Licensing Sub-Committee.
34. 34. Appeals
34.1 Entitlements to appeal for parties aggrieved by decisions of the Council are set out in
Schedule 5 of the Act. Other than in the case of personal licences, an appeal has to be
made to the local Magistrates’ Court. In the case of personal licences, the appeal must
be made to the Magistrates’ Court for the area in which the licensing authority which
has considered the application (or any part of it) is situated.
34.2 An appeal has to be instigated by giving notice of the appeal by the appellant to
The Clerk to the Justices,
Newport Magistrates' Court
The Law Courts
Faulkner Road
Newport
Gwent
NP20 4PR
DX 311301 Newport (Gwent) 19,
Within a period of 21 days beginning with the day on which the appellant was notified
by the Council of the decision appealed against.
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34.3 On determining an appeal, the Court may:
dismiss the appeal
substitute any other decision which could have been made by the Council
or
remit the case to the Council to dispose of it in accordance with the
direction of the Court.
The Court may make such order as to costs as it thinks fit.
34.4 In anticipation of such appeals, the Council will give comprehensive reasons for its
decisions. On making findings of fact in its reasons, the Council will ensure that they
address the standard of proof and the burden of proof that they have adopted. The
Council will also address the extent to which decisions has been made with regard to
its statement of licensing policy and the Guidance issued by the Secretary of State
under section 182 Implementing the determination of the Magistrates’ Courts
34.5 Where appropriate, the Licensing Authority will provide applicants and objectors etc.
with information concerning their rights of appeal.
34.6 Where appropriate, the Licensing Authority will provide applicants and objectors etc.
with information concerning their rights of appeal.
35. 35. Implementing the determination of the Magistrates’ Court
35.1 As soon as the determination of the Magistrates’ Courts has been promulgated, the
Council will not delay its implementation and necessary action will be taken forthwith
unless ordered by a higher court to suspend such action [for example, as a result of an
on-going Judicial Review]. The Act provides for no further appeal against the
determination of the Magistrates’ Courts.
36. 36. Enforcement
36.1 The Licensing Authority has established joint enforcement protocols with the police and
other enforcing authorities. These protocols will provide for the targeting of agreed
problem and high-risk premises, but with a lighter touch being applied to low-risk
premises, which are shown to be well run.
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36.2 The Licensing Authority intends that enforcement visits will be made to licensed
premises as appropriate, to ensure that any conditions imposed as part of the licence
are being complied with. These visits may be either proactive planned inspections
based on the risk presented by the premises, history of non-compliance etc., or reactive
visits as a result of complaints.
36.3 In general, action will only be taken in accordance with agreed enforcement principles
and in line with the Council’s own enforcement policy. To this end the key principles of
consistency, transparency and proportionality will be maintained.
36.4 In general, action will only be taken in accordance with agreed enforcement principles
and in line with the Council’s own enforcement policy. To this end the key principles of
consistency, transparency and proportionality will be maintained.
37. 37. Fees Generally
37.1 All fees are currently set by statute and the council is obliged to charge the fees as
detailed in the Fees Regulations.
37.2 The Police Reform and Social Responsibility Act 2010 have provisions to give councils
to set their fees locally, however at this time the relevant sections have not been
commenced. When commenced the councils will calculate fees to recover the costs of
the service and then consult on their implementation before asking the Licensing
Committee to approve any change.
38. 38. Annual Fees for Premises Licences and Club Premises Certificates
38.1 The Licensing Act 2003 and regulations made under the Act set out requirements for
annual fees and require that the fee is paid on the due date which is every year on the
anniversary of the original grant of the licence. The fee is currently set by regulations,
however amendments made by the Police Reform and Social Responsibility Act 2010
will when commenced give the council the ability to set fees locally to recover costs
associated with the administration and compliance of the Act.
39. 39. Licence suspension for non-payment of annual fee
39.1 Amendments made to the Licensing Act 2003 by the Police Reform and Social
Responsibility Act 2010 give councils the power to suspend premises licences and club
premises certificates where the annual fee required by regulations is not paid.
39.2 The council will suspend any licence or certificate where the required fee is not paid by
the ‘due date’, which is annually on the anniversary of the date that the licence was first
granted. The council will follow the below procedure:-
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39.3 Upon notification/discovery that an annual fee is not paid, the council will give notice to
the licence/certificate holder, in writing,
that the licence/certificate will be suspended 14 days from the date of the notice.
It will also state that the suspension will not become effective if the fee is paid
prior to the suspension date.
If an administration error is claimed, the suspension date may be 21 days from
the due date; or the date of suspension on the 14 day notice, whichever is later.
A copy of the notice will also be served on the designated premise
supervisor/premises manager if they are not the premises licence holder.
39.4 If the fee is not paid by the date specified on the notice the licence/certificate will be
deemed suspended. The licence/certificate holder and DPS/Manager will be
immediately notified of the suspension becoming effective, and informed that the
premises may no longer offer any licensable activities until such time as the fee is paid
and the suspension lifted. When the full payment is made the council will immediately
lift the suspension, and confirm this in writing.
39.5 Where a licence/certificate is suspended and licensable activities are provided the
council will consider prosecuting the provider for offences under section 136 of the
Licensing Act 2003.
40. 40. Late night levies
40.1 A Late Night Levy (LNL) is an optional power, introduced by the Police Reform and
Social Responsibility Act which allows Licensing Authorities (LAs) to raise a contribution
towards the costs of policing the night time economy (NTE) by charging a levy to holders
of Premises Licences and Club Premises Certificates authorised to sell alcohol. A LNL
must apply across the whole borough and also applies to all on- and off-licences. TENs
are not included.
40.2 The Authority considered the benefits of a busy night time economy as many residents
are either employed within this sector or enjoy the vibrant, social entertainment it
provides. They further considered the balance of this to the negative impact the night
time economy may bring along with the financial restraints if a levy is adopted.
40.3 The Authority considered all of the above and resolved not to adopt a Levy at its Full
Council meeting held on 26th September 2013. However, the Authority will consider
this approach if at any point it becomes appropriate and necessary and will conduct a
full consultation before the provision is considered.
41. Further Information
Further information about the Licensing Act 2003 and the Council’s licensing policy can
be obtained from:
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Appendix A
Newport City Centre Stress Area